MAINE STATE LEGISLATURE

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RESOLVES

OF THE General Court of Massachusetts,

PASSED AT THE SESSION BEGUN AND HOLDEN AT BOSTON, ON THE

TWENTY-THIRD DAY OF JANUARY, IN THE YEAR OF OUR

LORD, ONE THOUSAND EIGHT HUNDRED AND ELEVEN.

[No title page; caption title provided by Maine State Law and Legislative Reference Library] RESOLVES

OF THE General CO'urt of Massacllllsetts,

pASSED AT THE SESSION BEGUN AND HOLDEN AT BOSTON, ON THE . "\' TWENTY-THIRD DAY OF JANUARY, IN THE YEAR OF OUR LORD, ONE THOUSAND EIGHT HUNDRED AND ELEVEN.

GOVERNOR'S SPEECH.

REPRESENT ATIVES' CHAMBER, JANUARY 25. At 12 o'clock, the Senators attended in the Representatives" Chamber, agreeably to assignment, when His Excellency the Governor came in, accompanied by his Council, the Sec1'e­ tary of the Commonwealth, and other officers qf government, and delivered the following SPEECH

, . GEN'1'LElJIEN OF. '1'HE SENA'1'E, AND GEN'1'LEfrIEN O,F '1'HE HOUSE OF REPRESEN'1'A'1'IVES,

T HE pleasure resulting from a convention of public functionaries, in different departments of Government, d~legated by a free people, to promote their conllnon welfare, can only be estimated by those, whose primary objects, in the. dis­ charge of this important trust, are the peace) 'honour,' and hippi. Hes~ of their beloved countrYQ 10 64 GOVERNOR'S SPEECH.

Since our last interview, tne di!Sposition manifested by the in­ habitants of thi::; Cornmonwealth, to restore that general har­ mony which has raised them to their exalted station, and which in future ITlUst form the solid basIs of their social and political enjoyments is highly honourable to themselves, and animating to their public agents. To your powerful example and extensive infiut'nce, is the community principally indebted for this import­ anI chauge, and by similar means, at this perilous crisis, )'OU will increase lind confinn our national felicity. The practice, among~t fdlow-citizel1s, of moderation, foruearance and bene- , voknee, is always productive of happy tffects; and the mag­ nanirnity which forgives, extingubhes enmity, and excites in litu of it, generosity and friendship. Tile two nlighty belligerents, who continue to crimson the Eastern world by tht·ir destructive c9nfiicts, present to liS alter­ nate hopes and apprehensions of their pacIfic and hostile inten­ tions. Their gt-neral conduct proclai(11s, that enorrnou~ power is inim;cal to justice, and adverse to good£1ith.-France incleed has revoktd her obnoxlousdecret·s; but to what effect, if in cOBformity to her late official con nlunicalion! Treaties, which of right never can be altered by one party, have, by our Gov~ ernrnent, been sacredly maintained, ,",hilst the belltgere'1ts, in their treaties with us, have app:i~d ,tl1eir lTIunicipal power, to lll0dify, alter, or annul them, at pleasure. Under these circun1"" st::lnces, of what avail are sucb solemn compacts? Are they not the alnbuscades of perfidy to surprize and plunder honest credu~ lity? ']'he Government of the United States, from the establish" ment of their Independence to the present period, in their inter~ course with foreign nations, have conducted with the utnlost impartiality, justice and honour. They have been incapable of intt'ntiohal injuries, and to casual wrongs have applied i~me­ dli1te rel11edil.-:s. They have contended for their own rights, but have never derogattd from the rights of others. They have not coveted foreig11 territory, and in:recoveringtheirown have evinced great moderation. They have carefully avoided vio· lent Ineasures, and have preferred to them amicable negociation. They even .in .this, have not been hasty or urgent; but have exercised 'patience, whilst compatible with dignity. rrhey have punctuaJly discharged their just debts, and have unlimited' ctedit at home and abroad. Is not such a Government enti. tledto the highest respect, and the strktest justice? How have GOVERNOR'S SPEECH. 65 their equit~ble claitns on the b~Uigerents b~en an.s"Yer~d? By dt"lays, wlllch have become demals; and wInch to InjurIes have added insults. The crisis is rapidly approaching, if riot arrived when our GovernUlent must sanction this degrading conduct, 0; oppose to it their sovereign veto. The former would fix an in­ delible stain on the nation; the latter would mdnifest her wont­ ed magnanimity. If war, which she still deprecates, should be the result, she has ample l1leans, under Divine Providence, to support it. 1\velve hundred thousand brave and determined freemen, whose necks were never yoked in bondagc, whose swords Would leap from their scabbards, to avenge thdrcountry's cause; whose native land, abounding with the necessaries, con­ veniences and luxuries of ,life, can supply thelD withevt'ry requisite for war, may bid defiance to allY hostile nation or coalition on earth. In this perilous state of our public concerns, let us 'obey the loud calls of national interest and honour ; let US support every measure of Government, for terminating foreign rapine and aggression. Let us not foster or countenancepre~ dilections or prejudices for or against Great~Britain or France", Let us exterminate those germs of publick dissensions; which threaten an harvest of political misery. Let us draineverv source of foreign influence, and multiply the streams of uncoriq taminated patriotism. 'The Militia has coml11anded the attention of the President of the United States, whose propositions for deferice are of the highest importance. The vast objects embraced by the views of the aspiring monarchs of Europe; their unbounded ambition, prostrating bt.fore it every obstacle of religion, justice and hun1anity; their frequent indications of an hostile disposition towards us; the time required to place the nation in the best po~ture of defence; and the short notice which may precede the necessity of this, all conspire to urge, in preference to every other consideration, those measures which regard our publIc safety. To perfect the officers in discipline, is indispensdble; on them n1ust depend that of the soldiers. All army without rule, is weak in proportion to its numbers; but well regulated, it is a lnoveable fortress, defended at every point. 1'he Sreuben systenl, now in use, is generally adlnitted to be inferior to that practised in Europe. If it should be the wish of the Legislaa ture to adopt the latter, a seasonable notice of it to our Members in Congress may pron10te the tneasure; and will not an Inspece tor-General, of the first military talents. pron1ote~ expeditiQllslyo 66 GOVERNOR'S SPEECH. the desirable object? The~officers and,soilliers of the lVlilitia of this ComlJlonweahh have ;111anifested a martial. zeal, highly hono.urable to thernselve~.-They. have spared neither pains nor expence,;to prepare for national defenc.e. Such a .l\1ilitia is en­ titled to every possible attention, aid and encour2gement. 'I'heaffair5of the State Prison, at the organization of the pre., sent Government, were in great confusion. 'rhis, it isbeliev;eq, was .. owing to defects in thcQriginal establishment. The Board of Visitors made every exertion, but in vain, to remedy ,the evIls, and to reduce the enOrmOllS expenses of the ,instituti0l1. In July last, they presented their resignations, and for their gra­ tuitous and faithfulservices,re~~ived an honourabletestinJony fromthc'Executive. They still continued in place, till relkved by their successors. ; It iSi :with deep regret, gentlenlen, that. I cotnlnuuicate apy unpleasant inforrnation, respecting an ill1portant section of the 'Cornmonwealth. On the 12th of October last, I received from the.Honourable Judge Tlu~cher, information thathehad required Brigadier-GenerCil Payson, to call out five hundrecl of the JTl,ili~ia, to aid in-the legal survey of certain lands, in the town of Bri~toI, in the county of Lincoln. Soon after I received two Petitiqns, fralTt. a number of the inhabitants of that tuwn and neighbour­ hood, stating specific grievances, and praying for a suspens.ion of the survey until the decision of the Legislature could be had on the subject. On the 24.th of October, I receivedanot~lGr letter from J lldge Thacher, and immediately communicated it, with ,the other dOCU111ents in my possession to the Council then in session. On the 26th of October, I had an interview with two respectable cbaracters high in office in that County; and obtaining the best intelligence they could, imparted it to the Council, \vho passed on the subject, and then closed tbeir session. On the day following, considering the threatening aspect of af­ fairs, and the dep~orable consequences of a_ conflict in that quarter, I took measures to obtain fro111 the Surveyor, James l\1alcolm, Esq. an explicit declaration ." wheth~r he intended to procet'd in the survey forthwith, and if not, to ""hat period he proposed to suspend it?" rfa ascertain these points became a l1]easure of necessitv. On the 30th of October, I received a third, and on the 15th of December a fourth letter from Judge '1 hacheI', enclosing a letter and returns on two orders for surveying, which he had received from Mr. lVlalcolm ; who therein stated 'I the imprudence of proceeding," and " prayed to be excu~ed £r0111 the service at present." GOVERNOR'S SPEECH. &7

On the 12th of December last, I. received from a respectable citizen of Boston, a letter of the 9th, enclosing one of the 15th of November wh~ch be had received from David Sewall, Esq. of Hailowdl, a,nd· a deposition ora third person, in regard to a riot on the 27th of August Iast~ in the County of Hancock, ill which Mr. Snvall had been so wounded and bruised, .as to have narrowly :escaped with his life. vVhen this intelligence was re­ ,ceived, ,tbeCouncil were adjourned, anel I had an immediate interview with the gentleman referred to, whose opinion coin­ c~cle,d witl} my own, that the delay of the information"caused by the confinement of Mr. Sewall, ,had rendered. it .expedient, to suspend to the present period, every measure· in regard to this unhappy affair. On both these sub'jects 'I. am happy to express my utmost confidence, that in the application of legal remedies to the evils complained of, you will be guided by those wise, discreet and humane n13xims, which have for their objects the redress of grievances, and the indispensable support of law and justice. In the recess of the legislature, the former County Treasurer of Middlesex, and the County rrreasurer of Berkshire, have absconded, and left their publiG accounts in an unliquidated state. In regard to the first, the last Court of Sessions in March 1809, took measures to obtain an adjustlnent of his aco Bounts, but were dissolved before they had accomplished the object. Since that period it has been under the cognizance of the Court of COlnmon Pleas of that county. On notice of the last event, the Solicitor General was directed to take effectual 'measures for securing every demand on the part of the Com­ monwealth against the County Treasurer of Berkshire; but he has not yet reported the final result of his proceedings. There is reason however to believe, that in this instance, there ,viII be no pecuniary loss to the public. The laws relative to irnprisonment for debt, are subjects of tloITlplaint and may require revision. Should not confinement for debt be modified by circumstances? Whether on mesne process and execution on small debts, and those of large amounts; on actions of tort, and those of civil contracts, there should be the same liability to imprisonment; whether a citizen in any case, should be arrested and holden to special bail on Inesne process, without affidavit of an existing debt; and whether some debts are not too small to justify any detention of the debtor's person, are quest:ons which afe subnlitted to your deliberate consideration. 68 GOVERNOR'S SPEECH.

In the business, gentlemen, of your present session, my iirst ohject and wish will be to accord with the Legislature. An union of sentiment between the cliffe'rent departments of the State Govermnents, and between those and the Goveri1mtnt of the United States, will insure success to our political pursuits; and pn:sent to foreign nations a full conviction that they cim have no hopes of dividing, which is the only means by which they can conqu~r us. Such an union cannot fad of making this nation happy at home and respected abroad. ': The documents respecting several of the subj{'ctsof this ad­ dress, with further remarks on particular laws, will becomml1~ nicated by 'Message. ELBRIDGE GERRY. ' 69

ANSWER OF THE SENATE.

MAr I'1' PLEASE rOUR EXCELLENcr,

T HE convention of the publie functionaries of a free people, delegared by them to promote their COlnmon welfare, is a spectacle, which, in proportion as it exhibits to the view of the patriot and the philanthropist the noblest di~play ot our natures, will excite in the minds of those, whose duty eal1s them to the discharge of the import.ant trust, their best txertions to secure the peace, honour, and happiness of their country. With your Excellency, the Senate view, with high satisfac~ tion, the spirit of general harmony, which at preBt:nt prevails among the citizens of our C0111monwealth ; and they are happy in believing, that this pleasing event is the natural rtsult of those wise institutions, which frotTI the education, habits and virtues they enjoin, secure to all the inestimable right of ft'ee enquiry, the power of forming a correct juclgment of the means of promo­ ting their social and political happiness, of advancing the nation~ al honour, and of making a just estimate of the bappy effects which invariablyresult from the exercise of moderation and be­ nevolence. Expt'rience has taught the people and government of the United States', that no reliance is to be placed on the most 801- enln treaties with the European powen" while at war among themselves. The two great belligerents hdve, for m(\~1y years past, been alternately appealing to our hopes and fears, in the wish to compel or allure the United States to become allies of eod1 against the other in their destructive conflicts. Th~ impClrtial, just, and honourable policy, which has uniformly influenced the COUilcils of the cabinet of the United States, has hitherto dt-feated tht, Ulljl1.:;t views of the belligerents. The AmericClll government incap"ble of inkntional injury~ always ready to apply immediate remedies to casual wrongs, careful, while contending with firnl. 70 ANSWER OF l'HE SEN ATE.

llCSS and moderation for their own rights, not to derogate from the rights of others, wisely preferring patient and amicable neg-ow eiation to measures of violence while compatible wIth their national dignity, will indeed be entitled to command the respect of all the honest part of the world of the present ,day, receive the approbation and applause of the future historian, and Sf'rve as a bright example of honour and HlOrality to future uges. Should the apprehensions of your Excellency be realiz('d, and the period be at length arrived, when the dignity and honour of the Ameri­ can· government is loudly called upon to vindicate t1~e rights of its citizens against the unparallelled aggressions ~\nd wanton depredations of the belligerents, or either of them, if the final appeal of nations nlust be made, we cordially unite in sentiment with your Excellency, that the people of this nation are blesse::cl with ample rheans to support it, and that, under favour of Divine Providence, ultimate success will crown their just efforts. Our country, rich in resources, . abounding with the necessaries and comforts, and even luxuries, of life, and driven by the injustice of belligerent Europe" to manufacture to the extent of all her ,w'ants, will l1ever again feel the privations and distresses, which she experienced during her revolutionary 'war; and her twelve 11undred thousand citi~enDsoldiers, animated with, the love, of country, and determined to avenge her wrongs, armed ilnd disci­ plined, may indeed bid defiance to the' hostility of any nation or coalition of natioris, on earth. In a crisis like this,we cannot doubt, but confidently trust, that our citizens ,villlll1itedly obey the loud call of their nation's interest and honour; that, laying aside aU party animosities, they will support every measure of our national government for terminating foreign plunder and aggression, and suppressing aU predilections or prejudices, for or against any foreign nation, unite in externiinating every gern1 of foreig-n influence, and voluntarily enlist under the ,standard of uncontaminated patriotisln. ., \lVe are happy to learn from your Excellency'S communication that the regulation of the militia has again commanded the atten­ tion of the President of the United States, \ve doubt not from this circumstance, that it will 50011\ claim the attention of Con· gress, to whom so essentlal a prop of our national security cannot be a subject of indifference. We assure your Excellency, that so far as the Constitution has entrusted this object to the regulation of the Stdte Legislature, the, Senate are ready to give their most prompt concurrence in any lneasures that the impor~ tunce of the ~ubj('ct demands. ANSWER OF THE SENATE.

It was ,hoped (lnd believed that the confusion which attended the affairs of the State Prison at the organization of the present goyertiment, was" in a great degree done away by the new artangemtnts tnade by the Executive in the regulation of that institution. Sho\.llcl, however, theE~ecl1tive d~em further Leg'" islative provisions necessary, the Senate will r,e"dilyattend to any communication upon that sUbject. . . l'he Senate sincerely partic~pate-in the regr~ts of yo~rJ~:xcel.. leney, in, conternplatinK: any ,~lnpkasant circurpstances which bave taken. place in any ~ection of the Commonwealth. "They hope and believe that any opposition to the legal orders of the Supreme Judicial Court inth~ County of Linc.o1n) if any has existed, hdEi been the r~Sllltof misapprehensi()fl ~1l(1 mistake, ratber than of any desire to oppose the constitut~d authorities of the government under which they live, and \",hiGh they are bound to support by every tie of allegiapcc, and on which alone they can depend, for the protection of their Hberty, security and b~pe piness! The St;natt- recognize with great satisfaction,tbc happy effcets whIch have already been produced by the law entitled " An Act for the limitation, and equitable adjustment of ref.tl actic)lls."-This law has alreve not withou': just cause; the renledies suggeste::d by yout Excdkncy 11 - 72 ANSWER OF THE SENATE.

-shall be duly attended to 011 the part of the Senate, in the course of the present session. ' So far as a unitHl of sentiment between the different depart­ ments of the State Governments, and between them and the Governnlel1t of the United States, \vill ensure success in 'our political pursuits, and present to foreign nations, thenope1ess expectation ~f conquermg by dividing us; ahd so far as such u'nion will perpetu;ite the happiness of our nation at home, and its res'pectability abroad, your Excellencrmay be assured of the readiness of the Senate' to promo,te it by every,constitutional means in their power to adopt. Any further communications, which your E~celleney may see, fit to make' to the Legislature, shall, on the part ofthe Senate, be ,attended to without delay.

In Senate; Janua'ry 31, 181i. · Reacl and accepted, and ordered that the Committee who drafted the same, present it to his Excellency the Governor.

~. G. OTIS, Spealcer o 73

! "

COM.lJ'IOJVWEJ1LTH OF Jlf.llS8.1l0JJU8ETTS,

In the House of Representatives, February 2, 1811 9

The following answer to the Speech of His ExcellencY', was read, considered and approved. And thereupon it was ordered that Mr. E. Howe of Sutton, Mr. C. Davis of Boston, Mr. ' Howard of Augusta, Dr. Kittridge, and Mr. Ripley, be a Committee in the name of the House, to present the same to his Excellency. JOSEPH S1'ORY, Speaker.

ANSWER.

MAr 1'1' PLEASE rOUR EXCELLENcr,

T HE House of Representatives, coming from dift fel'ent portions of the state, and bringing with them the~sentiments of their constituents, have received the communication of your Excellency with all that respect which is due to the Chief Mag;. istrates of a free and enlightened People.-Elevated by their suffrages to the most exalttd station in the Commonwealth, they feel the highest sqtisfactiotl that the auspicious presages they had formed of your puulic career, have been verified. They have seen it identified with the prosperity of the state, and have beheld it embracing that rational confidence in the National Government, which forms our surest protection from embar­ rassments at home, and dangers from abroad. They have witnessed, with peculiar satisfaction, that the public sentiment has resumed that mild and placid state, which substitutes har~ mony for virulence, and reason for intoxication. 14 ANSWER OF THE ·HOUSE.

In this conciliatory spirit, may the community progress, and earnestly combine an the energies of socii:ll life, to advance the honour, the happiness and interest of our country. To the example of the executive department, is in a great degree, to be attributed "th\~ disposition m",nifested by the inhabitants of this Common wealth to restore general liar .. nlony which has raised thenl to an t'xalted station; and which in future must form the solid basis of their .. social, and pOlitical happiness.' , The Ea5tern Continent contit:lUes to unfold scenes of unex­ ampl~d hostility und desolation. War with portentous aspect spre~ds its f~tal effects and embraces in its debtruetive career every endearing relation of lnan. To advance the views of the contending powers, one univer­ sal state of Inisery is developed,wbich sacrifices human h~tppi­ ness with despotic dominion; and prostrateti individual rights without commiseration or 1:iensibilitv. It would appear that the dllratio~ of the conflict is altogether incalculable, for the two mighty belligerents, the ont:' with the supremacy of the ocean; the other, concentrating; the forct' of continental Europe, are staked to the combat; until the com· Dlercial control of EngJ~nd gives way to a more liberal poliry. or the gigantic despotism of France sinks beneath its expanded power. Under circumstances both of such awful fulfilment and pre-. sage; . with a view of recent events; and deducing. from the nature of the contest, the probable anticipation of. the futu re, is it at all wonderful, that sllch an important epoch should im- 1)(:lrt some !iortion of elnbarrassment to distant nations? Instedd of feeling surprised, that the whirlwind which has c1esolatt:d nations,should have affected our interests-is it not matter of -astonishment, that it has not as yet more fatally inv

!HtiQO and prosl)erity l> In the contests. of Europe...... contests, ~ANSWER OF THE HOUSE~ 15

which contemplate no other ohject, but to fix in son1e modifi., cation the shackles of arbitrary powtr upon peaceful and unof­ ft'nding nations; this country ought not to embark.: SoJongas their animosities :only excite them ioreciprocal vengeance, and tht·ir operations are confined to themselves; it is our du ly as wdl as our· interest, to femain strangers to their fury, and neu­ tnlls to their warfare. We may indeed regret their conduct, as productive of misery to the human race ; but as:an<.1tiQnwhose desire is peace, we should not commit ourselves to their policy or passions. But should the storm which has hitherto rolled at a distance, approach our shores-should the rights of an inno­ cent and p(lcific nation continue to be the sport and the scorn of relentlt~ss monopoly, or insatiate ambition-should the precious gift of peace. procured for us by the valour of ollr fathers, no longer be maintaimtble with honour; like tht!m we ml,~st rise with the crisis, and preserve uncontaminated, the rights and character of our country. The difficulty has been~ that by both of the bell1gerents we have been placed in an atti\.. tud~ novel ilnd embarrassing. Agreed in no common principle of a.mity they h2lve coalesced in the mo~t vindictive interference with neutral privileges. England led the way, and France has pursued her steps, with an energy as determined. At length France has rescil1ded her edicts so incompatible with neutral rights, but has substituted in their stead, ll1unieipal regitlations which may subject us to equal embarrassment! Both England and Fr

But if contrary to our expectations, she- did not, we are perp sUdded, that a tone of energy and decision would pervade our public councils in relation to the one so refusing; that the re­ sources of the nation would 'be developed with an universal burst of indignation; and that the free and independen1 citlzenS of this Republic would convince the world, that as! in peace we 7£ ANSvVER OF THE HOUSE. had been just and honourable, so in tom-, in de.fence if our dear .... est rights, we could be brave and vindictive. "VV:e recognize with the lllost honourable s,atisfaction, the wis~, andjust,and impartial course which has been pursued by_ the ,National Goverllment~ '-During a period pregnant with important vicissitudes, their nbject has been, to avoid the vortex of Eur:opean'pbLicy, and to· pursue a path which embraces "peace,' amity, and honest friendship with all nations-entang­ ling alliances with none." Thus far bas their conduct ll1ain­ tained only the fair exposition of our rights, without rt\sorting to energetic measures to redress our manifold wrongs.' At a time when principle has been exiled from the cabinet of Princes, and injustice permitted to take its widest range; 'they are accllsed, in no ipstance, with the appearance of plausibility, of attempting to invade the' rights .of others. In .their internal regulations, they have manifested that wisdom which has secured them confidelice and respect. Actuated by principles purely pacific, they delayed taking possession of a distant Territory, until its citizens, by volllntary consent, requested their interference; placed in a sItuation of perfect anarchy and confusion, with every tie of supposed allegiance subverted by the state of their native land; they invited the interposition of our Executive, in relation to. a territory which was ours by purchase:,; which was essential to the integrity of Qur empin~, and absolutely necessary for the preservation of our commercial rights. '"rhe promptitude of the National Government on this occasion, excites our l1l11irnitcd applause; and the g~n~ral course of their measures, embracing our most important interests, ,~ill entitle them to the respect of m~mkind; when tyrants shall be fClnembered only in the execrations of history. National prejurlices and predilections, or a disposition to dissolve our confederated Union by negociatiOl1or force, are germs engendered in corrupted rninds, Tt pugnant to the feelings of the patriot, and, if matured, "would prove a harvest of political misery." To harmonize the public sentiment, and soften the asperities of party, so hostile to our na~ional existence, in the manner recommended by: your Excellen~y, will not f

'The modern system -of military tactics,as known and practised in Europe, cornprises advantages greatly superior to our own; and every proposition, coming from so hig-h and elevated an authQrity as ,the Executive of the Union', recommending. 'new mod~s of I d~f~nce, will, ·we ' are con~ fident, command the earlIest attentIOn of Congress. From the importance of the subject, interwoven as it is with onr forms of government, we are confident from every department of the national government it will receive all that improvement of which it is susceptible, Founded in the habits and feelings of our fellow-citizens, if properly cultivated, OUl" Inilitia will become "a moveable fortress,' defended at every point." Any instructions wjlich will aid the delegates from this state in accompli~hing ~o desirable an object, will most cheerfully be superadded to that interest which they already feel for its strength and security. The subject of the State Prison will receive the attention of the House 'of Representatives; and, if legislative assistance can remedy the evils, growing out of a defective system, th ey will readily interpose. We extremely lament, that, in any portion of the COlnlnon­ ·wealth, the resort to a military force should have been considered essential to good order and personal sec'.lrity. We believe, however, that the time has already arrived, when some fixed principles must be established, to settle and adjust the rights, both of the claimant and the possessor to eastern lands, in order , that the fears and apprehensions of so respectable a portion of our fellow-citizens may be put to rest. Public defalters, betrayers of public trust and confidence, always excite the indignation and contempt of honest freen1en. But it affords some satisfacti~n that no pecuniary loss will be sustained by the public, so far as it respects the County Treasurer of Berkshire. '-rhe laws relative to imprisonment for debt, as well as ll1any other parts of your Excellency's communication, \vill receive the earliest attention. It will afford us satisfaction to accord with your Excellency on subjects of public concern; and it will give us no less pleasure to establish and confirm a national character, by ilnparting to th~ federal government a rational confidence and respe~t. 78 ANSWER OF THE HOUSE.

In discharging the trust devolved on us by pur cQnstituents, it is our earnest desire that reciprocal harmony ShOllJd, pervade our public councils; that the little petty irritations of party may give place to the general welfare; anc\th,lt eaQh:ind,iY:idual lnay be animated with the nlost anxiou:;i solicitude for. the' happiness and prosperity of the country.

/.}' ,r! GOVERNOR's MESSAGES

'1'0

BOTH BRANCHES OF 'rHE LEGISLA'fURE.

Gentlemen if the Senate, and Gentlemen of the Hou8e of Representatives,

T H EI n Excellencies, ~the Governors of Pennsylvania, De1a~ iV::lre, and Gl-orgil.l, in their several It'tters to the Governor of this Conlrnonwealth, have enclosed the R,:soives of their It'gisla­ tures, respectively, on the suhjr'ct of the alteration propo~ed to the Constitution of the United States, by a resolution of this SLlte of the 20th of J Llne 1809., The G'overnors of Georgia, ' and Kentucky, have in like manner enclosed the Resolves oftht'ir respective Stales, disapproving of another amendment,proposed by the Srate of Pennsylvania, and the former Governor has en= dosed a third resolve of that State, disapproving of an amendment proposed by Virginia, to the Constitution of the United States. The I-1011. Mr. Lloyd, O~le of OlIr menlbers in the federal Senate, has also cOlllmunicated some information, on the sub~ jects of the resolution of the legislature of this State, passt'd the 6th of March last, and of a clause inserkd in the post office bilJ, for enabling the Adjutcmt General of the militia of each State and territory, to receive and transmit, in certain cases, letters free of postage. The managers of the Rhode Island Coal Lottery, have also transmitted to the late Trerlsurer, the account rt'quired by an Act of the 10th of June, 1808, of this State; and the Secre~ tary is directed to lay before you, Gentlemen, all the documents relating to the~e several matters.

Council Chamber, 9th June 1810, 12 80 GOV ERN OR's MESSAGES~

Gentlemen of the Senate, and . Gentlemen oj the HOZlse of Representatives, A.t the first session of the first Congress, under the existing :federal Constitution, Congress "l~esolved, That it shall be the duty of the St.cretary of State, to procure from time to time, sllcb of the Statutes of the several States, as may not be in his , office." Thi<.; enabled Congress, by a perusal of the Laws of all the States, to avail itself of their joint wisdom, in the exercise of those legislative powers, and authorities, which had been before solely vested in the r~5peclive States; bu~ which, by the federal Con~ stitu tion, were transferred to the general Governlnent: and also to check any State, in trespassing the Legislative bounds, pre~ scribed to it bv the Constitution of the United States. Since that p~riocl, a practice has been adopted amongst sev ~ eral of the States, to send, at the end of each Leg'islative Session, a copy of their Laws, respectively, for the use of the executive, and of each branch of the Legislature of their Sister States: which appears to be a wise n1easure, and if carried into effect, so as that each State shall be in possession of the whole code of every other State, will produce a collection of State Laws, which will greatly facilitate the business of Legislation, and lay the foundation for arriving to a degree of legislative per­ fection, by the joint wisdon1 and experience of the ~hole, which cannot easily be attained without such a provision. It is therefore, gentlen1ell, submitted to your consideration, whether it will not be of great public utility, to tnake it the duty of the Secretary of this State, or of sonte other offieer) from tin1e to time, to procure three sets of such of the Statutes of the several States, as Inay not be in his office, for the use of the executive, and of each branch of the legislature; to have the detached parts of those laws properly arrange9, and bound; and to correspond with the Secretary or the proper officer of every State, for the purpose of obtaining such of their Laws as may be wanted, and in return for Laws received of any State? for supplying it, with those Laws which nlay be requisite to cOil1plete its code of this COlnnlon \vealth. I have received from the Governor of North Carolina, a letter, of the 22nd of March 1809, and one of the 19th March last, and fr01TI the Governor of South Carolina, a letter of the 25th of April 1809, forwarding three copies of the acts of their 5~ssions, ternlinated at those periods, respectively; also a lettel'

..' GOVERNOR's MESSAGES. 81 frorn the Governor of Virginia of the 11th of April last, stating-, that he is required to propose to the executive Council of each State in the Urlion, an annual exchange of the respective acts of every State, including the revised code; and that he has transluitted such of the acts of Virginia, as fall within the requisition. I have also received from the Clerk of the House of Representatives of the United States a letter of the 27th .l\pril 1809, informing me, that he has transluitted three copies of the Journals of the Honse, during the last session of Congress,: and I have directed the Secretary to lay before YOll, Gt:ntlemen, the letters, and two copies of the acts and Journals before.· mentioned. Council Chamber, June 1'3, 1810. *"

Gentlemen of the Senate, and Gentlemen of the House of Representatives. 'I'HE doclUl1ents referred to in n1Y last comillunications, will be presented by the Secretary. Those which relate to the counties of Lincoln and Hancock, are nUlllbered from one to eighteen; Those of the State Prison, froin one to thirty-five; and such as respect the County 1"reasurers, from one to six. The two first are numerous, but requisite for a clear under­ standing of their respective stlbjects. The Secretary is also charged with the delivery of official re­ turns from the Adjutant General, and from the Quarter Master General, each nUl11bered from one to four, of a letter frOlll the Secretary of State, of the 15th of this month, which encloses a resolution of Congress, proposing an an1endment to the Consti­ tution of the United States; and a letter fronl his Excel­ lency Governor Lloyd, of Maryland, containing the negative of the Legislature of that State, on a proposition of the State of Pennsylvania for amending the Federal Constitution. Council Chamber, January 29, 181 L E. GERRY. -+- No.1 Affidavit of Eliot G. Vaughn, and Judge 'l'hatcher's Letter. 2 Petition of a committee of the town of N obleborough.

It The preceding Messages of His Excellency Governor Gerry, were omitted in printing the Resolves of June last, 1810. 82 GOVERNOR's lYIESSAGES.

3 Petition of Capt. Tucker, and others. 4- Letter from Hon. Judge Thacher. 5 Letter fron1 Alden Bradford. 6 --fi'om Moses Carleton, Jun. 7 Order frorn Suprelne J lId icial Court. 8 Questions proposed by the Governor to General King and Han. S. Lee. 9 Report of the Honourable Council. 10 Letter fron1 the Governor to General K.ing and Judge Lee~ 11 --fron1 Judge Thatcher to the Governor.. 12 --from James lVlalcOln to Judge T'hacher. 13 --from Judge Lee to the Governor. 14 --from Hon. '1'homas Cutts to Hon. Aaron HilL ]5 --from J lldge Thach~r to the Governor. 16 --from B. J ov to the Governor. 17 --from David Sewall to the Governor. 18 John Connor's deposition. Petition of the inhabitants of the to"vn of Bristol. --of Samuel Tucker, and others. 19 Governor's Message to both branches of the Legis­ lature, dated January 29, 1811.

-~- Gentlemen of the Senate, and Gentlemen of the House of Representatives ..

A DIVISION Court Martial, in August and September'last, was holden at Charlestown, for the trial of Ensign John H. Brown, upon the complaint of Capt. Lot Pool; and reported their decision that the former" be honourably acquitted, of all and singular, the charges and specifications of charges, exhibit­ ed against bml, confonnable to the complaint" of the latter; 'which report was approved by lVI~4jor General J. B. Varnum. Afterwards, I received a petition from members of a company, in behalf of Ensign Brown, stating, that notwithstanding his honourable acquittal,he was again arrested, for refusing to obey the orders of the said Capt. Pool; who was charged"with hav­ ing illegally and unconstitutionally obt~lined his election, and cOlnnlisslon of captain. I then instituted a Board of Officers, to report a state of facts, and their opinion on this subject, the proceedings of the board, and the relative uQc'u!nents nutnbered, GOVERNOR's MESSAGES. 83

fr0111 one to six inclusively, will be laid by the Secretary before the legislature; in order to bring this nlatter to sllch an issue flS shall be conformable to law and the constitution of the Conl1llonwealth. The provision in the 3.2d section of the militia code, for calling Boards of Officers, appears to be weB adapted to a mild adjustment of disputes, between officers i11 general; but such boards are not authorised to SU111mOn withesses, and to reauire their testimony, which is often 'l1eCessary to establi~h facts. + 1--'he 14th section of the militia law by which a battalion of two or three cOlnpanies of Artillery is. entitled to a Major, and a regiment of fonr companies to a Lle?tenant Colonel C0111- rnandant, admits of doubts, wheth~T IS the last case there shall b~ two Majors, or but one elected; and the safne doubts exist in regard to the cavalry. The clocmnents on this subject are numbered 7, 8, 9. r-rhe 8th section of the 111ilitia law of the United States pro~ vides "that when two conlmissions, of officers of the SaIne grade, bear equal dates, their rank shall be determined by lot; '" but by the 12th section of our 111ilitia law, an additional pro~ vision is made, by which former pretensions of SOllle cOll1mis- . sions may decide the rank." That the latter is constitutional, the law has determined, until it shall appear otherwise to the Legislature of this COffilnonwealth, or of the United States, although some express doubts on the subject. But still a question arises, in regard to the expediency of the measure which makes a rule, that before was clear, quite indefinite; and thus Inttltiplies disputes anl0ngst Inilitia officers. rro elucidate this point, the Secretary will lay before the legisla~ ture a report, No. 10, of the same Board of Officers in regard to the interfering dailns for rank, of captains Hyde and Edmands, by which it will appear, that five luembers constituting the board, had three different opinions on this subject. The Secretary will also deliver the accounts of the late rfreasurer and Receiver General, with their final adjustment, and a regular transfer of the books and property then in the Treasury, to the present Treasurer, agreeably to a resolve of the legislature, the whole being contained in a book and in two dOCulnents ll1arked A, B. E, GERRY. Council Clzmnoer, February 4, 181 L tl4 GOVERNOR's MESSAGES.

Gentlemen of the Senate, and Gentlemen of the House of Representatives.

HUMANITY, the characteristick of a brave people, and the prominent trait of our piolls ancestors, has in all their conflicts been extended to civilized, and even to savage foes; and free exercise of that endearing virtue, has been claimed, as a birth right, by their descendents. The remnants of the Indian tribes, within the jurisdiction of this Commonwealth, by the ex­ traordinary reduction of their members, and by th~ vast increase of our own, will be ever too feeble to raise their- hands against . us. They are prostrate, and dependent on our beneficence and generosity. As the children of the Great Parent of the universe, the Omnipotent Creator of them, as well as of ourselves, the Government of this COffilnonwealth and the United States, have manifested a laud a ble disposition to ameliorate the condition of unfortunates of this description; to cultivate their Ininds by civil, moral, and religious instruction; to introduce them to the knowledge and practice of agriculture, and of such manufactures as are best suited to their circulustances; ~nd thus to enable them, honestly, to clothe and subsist themselves and their fami­ lies, and pr01110te their common welfare. In this spirit, the Revr Mr. Jenks of Bath has addressed to me a letter, which the Sec­ retary will lay before the Legislature, containing propositions pointed to the objects mentioned, and communicating the sub~ stance of a correspondence, with the Rev~ Mr. Sawyer of Ban .. gor, our missionary in that quarter, on this subject. A minon consideration, although an important one, may prompt the dis­ charge of this duty, it will eventually save to the republic, those annual grants demanded by charity, and thus become a measure of economy. E. GERRY. Council Chamber, February, 15, 1811. RESOLVES.

January 28, 1811.

XXXVII.

.Resolve establishing the pay of the Council and Legislatuloe. January 28, 1811.

Resolved, 1-'hat there be allowed and paid out of the Trea~ sury of this Commonwealth to each member of the Council, Senate, and House of Representatives, two dollars, per day, for each day's attendance the present session, and the like sum for every ten miles travel from their respective' places of ab9de to the place of the sitting of the General Court. And be it jitrther Resolved, That there be paid to the Presi­ dent of the Senate and Speaker of the HOllse of Representa-~ ti ves, two dollars per day for each and ev~ry day's attendance~ over and above their pay as members .. XXXVIIL

Resolve g1'anting Jacob Kuhn 3300 to purchase fuel, 8r'l~. January 28, 1811.

Resolved, 'fhat there be allowed and paid out of the Trea­ sury of thisrComtnonwealth to Jacob Kuhn, Messenger of the General Court, the sum of three hundred dollars, to enable hinl to pay for fuel, and such other articles as may be necessary fo1' the use of the General Court, together with the Governor and Council's chamber, the Secretary's and l'reasurel"s offices; he to be accountableJor the expenditure of the same. 86 RESOLVES, January 28, 1811~ XXXIX.

Resolve on, the Petition of John Lowell. Esq. ExecutDr if tlzt, IFill if Anna Cabot L07Vell deceas(;d. January 29, 1811.

vVhereas John Lo~veI1, Eole acting executor of the last '\tVill and Testdment of Anna Cabot Lowell, late of Boston, deceased, h'lth represented, that there are great ddnculties in executing the tru~ts created by said Will, and it appears to be nece~s,jry that the Legislature should interfere in order to carry into dft:ct the benevolent intentions of the Testatrix, and it being malli~ fest that the rights of no person will be injured ,by such inter­ ference, therefore Resolved, That the said Executor be, and he hereby is fully authorized and empm,ven-d to pay over, deliver, and tnmsfer unto the Massachusetts Congregational Chariti:lble Society all the money, stock, and other securities \:vhich shall renlain in hi~ haruls after the payment of the debts, funercll expenees, expt'nces of administration, and specific legacies bt que:ithed by said wiH, and the receipt of the Treasurer of the sdid Corporation therem for shall be agood discharge to the said Executor in his settle", nlcnt in the Court of Probdte. And the sajd Massachusetts Congregational Charitdble Society are hereby authorized to take,' teceiveand hold the s~lid money ,securities and stock and to manage the same in ~uch way and manner as may to them seem expedi~, ent" and they are hen-by authorized and held to pay the several annuities created by said will, the sum bt~ql1edthed to th(~ BOtdl1= ical Institution at Cambridge, and to apply the incol1le of the residue of said property to the charitable uses set, fvrth In said will, conformalJly to the true intentions of the Testatrix. XL.

Resolve on the /JetztzoJZ qf John Livingston, disclzarging him from Prison. 30th January 1811.

On the petition of John Livingston, shewing that ever since the twenty firbt day of Sl"ptember last, he has been cOllfined in the goal in the county of Suffolk I)y virtue of all Execution in, favour of this COlhmonwedlth~ ob~ained _lgainst tlw said Lving­ stan by reason of his ree02nlzillg before 'Villiam \Vel 0 e Esq. for the appearance of one ]eUl1t'S Conver~e, to the Municipal RESOLVES, January 30, 1811.

Court in the town of Boston, and that he is very poor, and he is now supported by the town of Boston in prison. Resolved, That the amount of said Executi<1n, being two hun­ dred thirteen dollars and seventy three cents, be, and the same hereby is remitted to the said Livingston, and that the Sheriff of the county of Suffolk be, and he hereby is directed to discharge the said Livingston from Ilnprisonment, provided ht~ be not the:re . confined for any cause other than the Execution aforesuido

XLL

Resolve on the petition of Peter Thacher, administrator qf the Estate of Edward Gray Esq. deceased. January 30, 181!.

Oil the petitivn of Peter l'hacher, of Boston in the county of Suif()lk and Commonwealth of M,\ssachusetts, Esquire, admin.. , istrator of the goods and estate of Ed w(lrd Gray, late of Boston aforesaid, Esquire, deceased, intestate. Whereas the said Peter rrhacher in and by his said petition hattl r~presented, that on the twenty-seventh day of S:,'ptember in the year of our Lord one thousand eight hundred and nine, Peter C. Brooks of said Buston, Esquire, Isaiah Tnomas of W Ot'cester in the county of Worcester, Ebcliezer T. Andrews of Boston aforesaid, book5ellers, and Samuel 'ETheridge of Charlestown in the county of Middl .. sex, and Elam B;lss of Boston aforesaid, booksellers) by their several deeds, orthat date, conveyed to. said Edward Gray, who was then in full life, tlvir several and resp·;ctive right, title and interest in and to a certain piece of land situate at the westerly part of Boston, aforesaid, and bounded as follows, viz. southerly on land ofBeza 'fucker and David West, there measuring one hundred and :1ifty .. five feet, more or less, westerly on Allen's high way, so called, there measuring one hundred and twenty six feet, more or less, north .. erly on land formerly of Nathaniel Cunningham, deceased, there measuring one hundred and thirty.four feet, more or less, and easterly on Leverett street, there n1easuring one hundred and sixty.eight feet, more or less, with all the privileges and appur.. tenances to the said described premises belonging, and that in and by a certain deed of indenture, of that date, by and between the said, Ed ward Gray of the first part, Peter C. Brooks, afore .. said of the second part, the said Isaiah 1'homas and Ebenezer 1'. Andrews of the third part, and the aforesaid. Sanluei Eth., 13 RESOL ,rES, January 30, 181 L eridge and Elalll Bliss of the fourth part, it was declared -and. agreed by and between all the said parties to the same, that the estate aforesaid was so conveyed to said Gray upon the trusts and for the purposes following, that is to say, that the said Gray should as sQon as rnight be by a goodland sufficient deed with v~arranty only against hitnself, and all persons claiming under him; sell and convey the whole of said estate for the best price he could, and 011 such terms of credit as are reasonable and rlsual in such cases, and after deducting out of the 'proceeds of such sale all reasonable and necessary charges attending the same, that he should apply and pay over all the residue thereof, and also all such sums as he should receive for rent' of the premises prior to the sale, in manner following, to wit,first to said Brooks the sum often thousand dollars, with lawful interest therefor from the third day of July preceding the date of the said indenture, and until the same should be paid, if the amount remaining in the hands of said Gray should be sufficient there­ for, and if not, then to pay to said Brooks the whole amount that should so remain. Secondly, if there should be any surplus after such payment to said Brooks, then to pay to said Thomas and Andrews, the sum of, eleven thousand and five hundred dollars, with lawful interest therefor fronl the fifth day of Sep­ tenlber preceding the date of the said indenture and until the same should be paid, if the amount of said surplus should be sufficient therefor, and if not, then to pay to said Thomas and .Andrews the whole of said surplus, and lastly~ if there should be any residue after such second paYlnent, then to pay the whole of such residue to said Etheridge and Bliss. And the said Peter Thacher hath in his said petition prayed, that he might be authorized in his said capacity to execute the trust mentioned in the said deed of indenture. -Therefore resolved, that the said Peter Thacher be authorized, and he is hereby authorized in his said capacity, to sell the real estate aforesaid, and to make and execute such conveyance, or con~ veyances, to any person or persons, who lllUY purchase the same; as the said Gray would by his covenant aforesaid be obliged to m:ake and execute', in case he were living at the tillle of such -sale, and also to apply the proceeds of such sale, after deduct­ ing all reasonable costs and charges attending the saIne, to the purposes n1entioned and prescribed in the said indenture. RESOLVES, February 4, 181 L

XLII.

,Resolve on the lJetition of Joseph Farrar and Luther Perry, 'I'emitting to each, $200 of their recognizance. February 4, 1811.

Qn the petition of Joseph Farrar and Luther Perry, against whom several judgments have been rendered in the Suprenle Judicial Court, holden in '\tV orcester, in the county of Worcester, on the fourth Tuesday of Septeluber last, for four hundred dollars each on their recog-nizance for the appearance of John Farrar; the said John having been ordered by the Conrt to recognize in the' SUln of four., hundred dollars, with sufficient surety or sureties in the like sum, and the 5aid sureties having been held to recognize in the SUIn of four hundred dollars each by mistake of the magistrate appointed to take said recognizance. Resolved, That, the Attorney General and Solicjtor Generaly or either of theIn, be, and are hereby authorized and required to enter a remittetur of two hundred dollars on each of said j udgnlents. XLIII.

Resolve on th.e petition of Josiah Bartlett, administt'ator qf' the estate of Samuel Bradstreet. February 4, 1811.

vVhereas Josiah Bartlett of Charlestown in the county of Middlesex, as adlninistrator on the estate of Samuel Bradstreet of said Charlestown, deceased, who was one of the executors of Richard Cary of the saIne Charlestown, deceased,-Has represented to the General Court that he is in possession of a Massachusetts State note, No. 4,614, for the sum of three thousand four hundred and seventy three dollars and four cents dated May 4, 1800, payable to said Richard Cary or bearer, and bearing interest at five per cent p~r annum, of which interest no part has been received ;-And the said Bartlett having' further represented that the said State note belongs to the heirs of Dennis De Bert of Loudon, deceased,-"to whose executors the said Cary was agent, but that several years have elapsed since any information has been reeei ved by said Bradstreet concerning said note, and it is uncertain who arc the proper persons to demand the same; and that he \vishes, in order that he, as administrator aforesaid, ll1ay be relieved from 90 RESOLVES, F'ebruary 4, 181 Ie

nny further care of said note, to have it lodged with the Treasurer of the Conlffionwealth, subject to the demand of those to whom it may belong. . " . . Resolved, That the Treasurer of this Commonwealth be, and he is hereby directed to receive the said note from the said Bartlett, agreeably to the prayer of his petitibn, and for the Eurposes therein expressed,-and the same to keep,8uuject to the future order of the legislature; aI)d the Treasurer is hereby authorised to give to said Bartlett a receipt for the sameo

XLIV.

. Resolve confirming the votes, &c. of the Congregational Precinct in Rochester, Middleboro' and Freetown. J?ebruary 4, 1811. .

On the petition of the inhabitants of the Congregational precinct in Rochester, Middleborough and 'Freetown. Resolved by the Senate and House of Representatives in General Court assembled, That all the votes and proceedings of the inhabitants of said precinct, at their annual Ineeting for the choice of precinct officers for t~e year one thousand eight hundred and nine, are hereby confirmed and rendered valid to every intent and purpose thereof, any neglect of the clerk of said precinct or defect of records to the contrary notwithstanding. XL'V.

llesolve granting the President and Trustees of Williams ColLege ji(rther time to Locate land granted by the State. l?ebruary 4, 1 '011.

On the petition of Daniel Dewey in behalf of the President and Corporation of Willianls College, praying a furt her extension of the time of locating a township of land in the district of Maine, granted to said corporation by a resolve of the twentieth day of February 1809. Resolved, That the President and rrrustees of \Villiams' ·College or their assigns, have leave to locate said township

I granted by said resolve, at any time within three years next after the said term of three years in said resolve mentioned, any thing in said resolve to the contrary notwithstalldingQ RESOLVES, February·6, 1811. 91 XLVI.

Resolve on granting half a township of land to aid the inhabi­ tants of Taunton a1td Raynham in improving .the navzgaHol7, of 1'aunton River. i-february 4., 1811.

On the petitions of the inhabitants of the towns· at: Taulitbn and Raynhaln, praying for legislative aid for the purpose 'of improving and extending the navigation on Taunton Gl~eat River, frOln Rocky Point in Berkley, to 'Villiams' landing lin Taunton. Resolved, For reasons set forth in said petitions, that there be, and hereby is granted to the said towns of ~raunton and Rayn­ ham, for the purpose aforesaid, one half of a township of land six miles square, to be laid out and assigned to them by the agents for the sale of eastern lands, out of any of the unappl'opriated lands in the district of Maine, with the usual reservations and restrictions, excepting the ten townships of land on Penobscot river purchased of the Indians.-Provided however, That the towns of Taunton and Raynham shall within two years frotn the passing this resolve, raise and appropriate two thousand dollars in addition to the above grant, the whole to be applied ;and laid out under the direction of an agent or agents to be appointed by his Excellency the Governor.-Provided also, rrhat the said towns of 'Taunton and Raynham shall cause the said half township to be surveyed and located, and a plan thereof, returned into the land office within the term of three 'years. XLVII.

Resolve on the petition of Benjamin Parsons, guardian tf) John H. Gray, a minor. February 6, 1811.

On the petition of Benjamin Parsons of Boston, Esquire, guardian to John Henry Gray, a minor, praying that he may be empowered and authorized to convey to Israel Thorndike~ Esquire, a small piece of land, being part and parcel of the­ said minor's real estate situate in Boston aforesaid. Resolved, For reasons set forth in the said petition, that the said Parsons, in his said capacity, be authorized and empowered, to convey to the said Thorndike, his heirs and assigns, in fee simple, by good and sufficient deed, all the said minor's right 92 RESOLVES, February 7, 1811. and interest, in the said piece of land, bounded as follows, viz. westerly on land of the said minor, twenty.four feet northerly on a passage-way back of Franklin place (so called) thirty nIne feet, easterly on land owned in com mon, by George Blake, Esquire, and. others, thirty-one feet, and southerly on said 'rhorndike's land, forty-five feet; Provided however, That the said Thorndike shall,in consideration of the said convevance to, him, by good and sufficient deed, or other legal instr~ment for that pllrpose, secure to the said Ininor, his heirs and assigns, and all other persons interested in said estate, a right to hold and enjoy for ever hereafter, in common with the said Thorndike his heirs and assigns, a free and open passage way six feet wide, on land of said Thurndike, and between his estate, and the estate of the said minor, and leading frOln Summer street, so called, to the before mentioned passage-way, in the rear of Franklin place, to be constantly kept open for the mutual accOlnmodation and convenience of all parties interested therein. XLVIII.

Resolve on the Memorials of Perez Morton, " Esq. and Daniel Davis, Esquire. February 7, 1811.

Resolved, That there be allowed and paid out of the Public, Treasury to Perez Morton, Esq. Attorney General, and to Daniel Davis, Esq. Solicitor General, the sum of eight hundred dollars each, in addition to their salary established by law, which shall be in full for their services and salary to the first day of March 1811. XLIX.

Resolve for paying the Commissioners appointed to explore and layout a road from I{ennebeck to tIle River Chaudiere. February 7, 1811.

Resolved, That there be allowed and paid out of the Treasury of this Commonwealth, to Charles Turner, jun. of Scituate, John Merrick of Hallowell, and James Stackpole, jun. of Waterville, appointed Commissioners to explore and layout a road fronl the K.ennebeck river to the river Chaudiere, sixty-eight dollars and ninety-four cents, balance due then1 by their aCCollnt of expenses, RESOLVES, February 8,1811. 93

.lind be it ~further resolved, That there be allowed and paid to Charles Turner, jun. hvo hundred and eighty-three dollars and thirty five cents, to John Merrick, one hundred and eighty dollars, and to James Stackpole, jun. one hUildred and seventy­ three dollars, in full for their services in exploring and survey- ing said road. . L.

Resolve granting ten thousand and twenty acres of land to Farmington Academy. February 8, 181!.

Resolved, That there be, and hereby is, granted unto the Trustees of Farmington Academy, for the use and benefit of said Academy, ten thousand and twenty acres of land out of any of the unappropriated lands of this Commonwealth, in the district of Maine, (except the ten townships on Penobscot river purchased of the Indians, and excepting also the land contracted to be sold to Jackson and Flint, and which contract is now rescinded,) said ten thousand and twenty acres to be laid out under the direction of the Commonwealth's agents upon the subject of Eastern lands. Provided however, That the agents aforesaid shall not proceed to layout· and assigll' the same until said Trustees shall lodge in the Secretary's office a certified list of the subscriptions and donations which have been made and secured to said acadenlY, and which shall amount to the sum of three thousand dollars, exclusive of the expenses necessarily incurred in erecting and finishing the buildings necessary for the accoll1Illodation of said academy; within two years froIll the passing of this resolve.

LI.

.Resolve allowing, S50 for the Gentleman who shall preach the next Election Sermon. February 8, 181l.

Resolved, That there be allowed and paid out of the Treasury of this Commonwealth, the sum of fifty dollars to the Clergy" man who shall preach the Election Sermon on the last Wednes· day of May next. And that his Excellency the Governor be requested to draw a warrant on the the Treasury of this Com~ monwealth for the same stun accordingly, RESOLVES, February 11, 1811. LIL

Resolvegrahting,S500 to aid the building ofa Gaol at Eastport. :: i ··February 8, 181!.

On the petition of "fheodore Lincoln and others, praying for the aid of the COlnmollwealth to erect a Gaol at Eastport in the County of "Vashington. Resolved, for reasons set Jorth in said petition, that there be aHo'wed and paid out of the Treasury of this Commbriwealth to l'heodore Lincoln, John Brewer, Oliver Shead, John Burgin, and Aaron Hayden, a committee appointed by-the Court of Com.mon Pleas for the. county of Washington to erect a Gaol at Eastport, the: sum of five hundred dollars, they first giving bonds to the l'reasnrer of the said county in double the sum, with. cQhdition that the said five hundred dollars shall be faith. fully applied for the purpose of erecting said Gaol. LII!.

Resolve on the jJetition of James Bell and William. Crawford :relinquishing the 90mmonwealtlz's right to a certaznjarm in Rutland. l:?ebruary 11, 1811.

On the petition of James Bell and Willialll Crawford of Oak. ham in the county of Worcester, praying that the COmnlOl1- wealth would release and quitclaim to thenl and .their heirs as tenants in common, all the right, title and interest which the Commonwealth have or nmy have in and to a small farm situated in the town of Rutland in said county, containing about forty acre~, with a dwelling house thereon, formerly owned by their ancestor and uncle Samuel Crawford, a native of Ireland, and late of said Rutland, and by him devised to IVlargaretCrawford, his wife, who deceased in the year 1774; and leaving no heirs at law to inherit said estate; and the said James Bell and Wil­ liam Crawford being next of kin and heirs at law of the said San1uel Crawford. Resolved, for reasons set forth in said petition that the Com~ 1110nwealth do hereby release and forever quitdaim to the said James Bell arid William Cra\vford, their heirs .and assigns as tenants in common, all the right, title and interest which the COlun10nwealth have or may have in the aforesaid premises or farm, Provided h()7'(Je7)er, that nothing in the foregoing RESQ,LVES, Feb'ruarjr 11, 181L

resolve shall in any Inanner affect the claims of any person or p '~sons wh? n1ay be heirs at law to the, estate of the said Mar- garet Crawforu,deceased. ,', ~, '

Itesolve for an Extra Session of the Com,man Pleas for the County of Plymoilth to settle the: Treasurer's: accounts, and to make an estimatefor a Tax., :February 1;1, 1811.

'i'Vhereasby the petition and representatiO\1 of the' Court of (Zommon 'Pleas, for the county of Plymouth,it:appearsexpedi .. ent, that a speciaL session of said court shouldbe·held, for the purpbseof>111akin'gan.' esti:

estimate, shall be as good and valid in 1a\'v ,I a,s if clone at any regular tenn of said court. '

Resolve confirming the,proceedings oftlze Methodist Society itt. , . the first parish in Lynn. .P'ebruary 11, 1811. .

On the petition of the Methodist Society in the first parish in Lynn, stating that Y'iTarrants by which the meetings'of said'incbr..i poratiOll have been heretofore called, have by inad vertai1ce and mistake only been signed by the clerk of said incorporation. , Resolved, That all warrants heretofore signed by the. clerk of said incorporation, and all proceedings of the legal voters of said incorporation, which have been bad in pursuance of said warrants, be and hereby are rendered good atldvalid, and are h.creby ratified and confinlled, as though said \varrants had be~~ sIgned by the assessors, ' 14 96 RESOLVES, February 11, 1811. . LVI.

Resolve on the petition 'of Samuel Freeman, Clerk oj' the Su)' preme Judicial CQurt for the County of Cumberland, making valid certain executions and writs of possession. February 11, 1811.

On the petition of Sanluel Freeman, Clerk of the Supreme Judical Coutt in the county of Cumberland. Resolved, That all executions and writs of possession that have issued, on judgments rendered in tl~e Supreme Judical Court in the' county of Cum berland since ,the year of our Lord one thousand seven hundred and ninety-nine, and all alias and pluries executidns after the return thereof, in whole or in part unsatisfied, and all the regular doings and returns of executive officersthere'oh according to the precepts in thetn contained, although the, said executions have been made returnable at certain days, be and are hereby confirmed and made valid in law to all intents and purposes, as if the same hadb~en made returnable to the next sllcceeding court according to law. LVIL

Resolve on the petition of Joseph Prime ofBerwick. Fehruary· 11, 1811.

On the petition of Joseph Prime, stating that in consequence of certain inaccuracies in the description of a Gertain road laid through his land, he has lost the benefit of the danlages awarded him by a conlmittee agreed upon by him and the town of San­ fprd" and praying for liberty to apply for a jury to estimate the d:images done him .. Resolved, for, reasons set forth in said petition,That Joseph Prime of Berwick in the county of York, be, and hereby is authorized to make application to the Court of Common Pleas next to be holden at York, in and for the county of York, fOli a J llry to estinlate the dmnages he has sl1stained: by the laying out a toad through his land, which road begins about sixty rods northerly of Eliot Frost's dwelling house in Sanford in said county, and c0111ing out near the Province lVEll (so called,) which road was established by the Court of Sessions in said county, i\ugust term, one thousand eight hundred and four, and Said Court of COlUlnon Pleas arc hereby authorized to sustain RESOLVES, February 12, 181L .97

the said application and grant the same in the same Inanner the said court, or Court of Sessions then existing might have done, had those inaccuracies not been nlade, and application been made, within the time prescribed by law; and the Jury to be appointed, shall have the same .power, that any Jury or com­ mittee seasonably appointed by said court ,]uight la\yfully have had. LVIII. ,Resolve directing the Secretary to delivr:r to the Reporter of the Decisions oftlze Supreme Judicial Court, the Laws and Resolves ofthis Commonwealth. February 12, 181!. Resolved, That the Secretary of this Commonwealth be di­ rected tO,deliver to the Reporter of the Decisions of the Supreme .Iudicial Court, one set of the perpetual Laws of this Com mOll­ wealth, and one set of the special Laws of this Commonwealth; each contained in three bound volumes: And that the Secretary be .directed to deliver to said Rt'porter, one copy of the several Acts and Resolves as they have, been printed frOlll time to time since the passage of those contained in the said bound volumes, and. that the Reporter be entitled to one copy of the Laws and Resolveshereafter to be published, in the same manner as they are delivered to the Attorney and Solicitor General fronl time to timeo LIX. Resolve for paying Josiah Wheeler for rrpairs on the Province , House, so called. February 12, 1811. Whereas the Secretary and Treasurer of the Commonwealth have represented to the Legislature, that after the adjournment of the General Court in June last, it was found that the Province House, so c!llled, was without a tenant, and going to ruin, and that no provision had been made by law, authorizing any per.. son to superintend or repair the same,-that the· property of the Commonwealth being thus situated, his Excellency the Gov.. ernor, with the advice of the Council, ordered the Secretary and Treasurer to make certain repairs in said house, and tenant the same, which they did, by their agent, J osiah W~heeler .. vfherefore, Resolved, That there be allowed and paid out of the Treasury t.o t,he saId Josiah Wheeler, the sum of two hundred and sixty~ HESOL VES, February 14, 1811. five dollars and sixty -Sfven (~ehts;in ftlll.for his bin fe)}' the ser­ vice aforesaid, and that the Governor be re'qLlcsted ~to draw his -warrant on the Treasurer fop the same. LX.

Resolve on tlze petition of Ca/l-o Gannett and John ll{ellen f:;,udra'­ ians of certain minor children, authorizing them to sell lands. February 14, 181l.

On t11t' petition of CalebGannettandJ9hnlViellen,.g~lardians of their minor children respectively, viz. Qf·Eli~abethLatham Gannett and John vVendell Mellen, praying that they may be ailthori3cd to sell the portions which their waru1s :0\\'0 iIi cet~tain lands lying in various parts of thls Commonwealth, and which they hold in common and undivided with Catharine vVendelI., Catharine Brattk BLtSCOm, John l\1ico Gannett, Thomas Btattle G ,!mett, Sophia Willi()ms, and Catharine SaltonstClll Mellen.

Resolved, for reasons set forth in their petition, That the pe4 titioners aforesaid be authorize'd and unpowerecl to' sell the pro­ portions belonging to their wards, in any or all of the lands here,.. after described, by auction or otherwibt', as they shaH judge niost for the interest of said 'Nards, and to mtlke and execute good and sufficient det ds of the same, viz. Seven thirty-six parts,being the proportion of said minors, of five hundred and sixty.five acres, by f'stioJaticn, lying in Bdeherton in the county of Hamp­ shire, honl1chd ~outh and el~t on Swift river) north on land of Sanll1e1 Lamman ai1d the heirs of \Villiam \Valfer; west 011 land of James VVhitman and AGntr Cmvls, Also of alot of land in said Belchfrton, containing' by estimat.ion, twenty-five acres~ bounded on lands of Eldad Parsons andElijah Dwight, Esq. and the road le3ding from Belcherton to Springfield. Also of about fifteen acres, in Gardnt'f, in the county of Worcester, lying on the west line of said town, and is No. 91, fou·rth division. Also of about thirty-seven acres ill the north~east part of Ashby in .the county of J\1iddlesex, Tying in common with hmd behnw~ing to the ht"irs of the late Andrew Oliver, E ...,q.of Salem .. Also 'of about t\\70 thousand acres in tbe town of Fairfax in the COUJlty of Kennebeck, latdy assignt'd by the PlyrrlOuth. Company as an equivalent for omissions of the rie'ht of the late William Brattle, Esq. in several divi~ions prcvi~~sly m~lde . by said conlpany. Also of lot No. 64., estilPuted at one hundred and ninetetl1 acres, in l.?al{:rmo in the CO\U1ty of Lincoln; and of lot NOo61, in RESOLVES, February 14,1811. 99

. Rome, estimated at one hunr1redand t"ightypfive acres; the two la~t be ing as'"igned to the right of said \Villi-un Brattle in tIie l,ht divis'lOn made by said.company. Also of one fourth part of !-'undry lots in· the tr~ct lately belonging to the Lincolnshire Cumpnny,so called,lyingin common with the heirs of John KI rl~, Ilt'rdoforeof T.lIlllton, deceased, and the heirs of tht'. Hon. Andrt'wOliver, E"q. late of SIIem, deceased, viz. No. 13,in the lower part .ofC.lmden in the; county of Lincoln, containing about one hundred acres, atld No.48, cC)l)tainil'g about one bun; drni i:ll1d fifteen acres ; No. 20. on the. nort.h port of the island, c311ed Medullconk or Long l~land, about one hundred acres; Nu. 13 and No. 61, each containing; about one hundred aIres, in the upper part of said Camden. In t11e town of Hope, No. 49 and No. 112, l"id out for one ,hundred sixty-eight aCfl~S (:'a(:h. Lot B, containing about twtntygthree acres, ~md lpt C, foriy-~ix acres, on Appleton RIdge, so called. Al..,o 'of one fourth part of range No. 16, in the first great- division of the upper part of the aforesaid tract; said range containing about t\velve hundred and forty acres. And range No. 16, in the second grt:.'at divi ... ion. of said upper p.lrt of the tract' aforesaid; said range containing about Oile thousand and tnl aCFeS. Also that the petitioper'i be furtherauthorizi.d to sell ~lnd convey as aforesaid all the tight of their said wards in certain lands, on the southwest side of, and adjoining- Sal'O river, and lying- partly in the to\\'ns~of BJddeford and Arundel in the county of Yark, and supposed to contdiri about twelve hundred and fifty ;lcre-s,which right is 110t more particularly ddined, as partition of these lc.nds has beC:Il as yet but partially made, between the heir., of William Brattle afore­ said and several otner owners. Provided, th{ltthe petitioners give bond TO the Judge of Probate for the county of l\'liddlese~ to hissatlsfaction, that they will fttithfully appropriate the proceeds of any sales which they make of the proportions of their wards in the land~ aforesaid, to the sole use and benefit of said wards respet::ti vel y • ' LXI.

Resolve on the petition 'of qlzarlemont, Heath, and Rowe,jor aid in building a Bridge over Deerfield River. February 14, 1811. .

Upon the pdition of the inhabitants of the towns of Charle­ rno11t, Heath, and Rowe, praying for aid in building and main= 100 RESOL YES, Februarr 14, l81la taining a bridge across Deerfield river, between the towns of Charlemont and Buck1and. Resolved, for reasons set forth in said petition, Thatthe Jus~ tices of the Court of Common Pleas, for the county of Hamp~ shire, are hereby authorized from time to time, if they think it necessary and proper, to insert in their estimate for a County 17ax, such sum or sums of money as may, be thought necessary by them for defraying such a part or proportion of the expense of building and maintaining said bridge for and during the tt'rnl of ten years, to order payment of the same, out of the county treasury, whenever they shall deenl it necessary-and to appoint an agent or agents to superintend the expenditure thereof; LXII. Resolve directing the Secretary to purchase and distribute to the several towns, the Reports if Decisions in the Supreme Judia cial Court. February 14" 1811.

Resolved, That the Secretary of this Commonwe'althbe, di­ rected to purchase five hundred and fifty s~ts of all the v()lurlles which have already been published, of cases argued and deter­ mined in the Supreme Judicial Court df this Commonwe,1lth, and the like number of all the volumes which shall hereafter .be published, when the same are ready for delivery; provided he can obtain the same, well bound and lettered, at a price not ex­ ceeding two dollars a volume. And whenever the, whole num­ ber of anyone volume shall be received into his office, he is die rected to transmit one copy to the clerk of each town, district, and unincorporated plantation which has been required to assess taxes upon themselves _towards the support of government, for the use of their respective inhabitants, and to lay'his account Lefore the governor, who is hereby requested to draw his warrant on the treasurer for the payment thereof. LXIII.

Resolve on tlze petition ofJames Carr-and others. appointing com­ missioners. to layout a road fi·om Penobscot river to the north ooundary qftlze State. February 14., 181l.

The Committee of both Houses, to whom was referred the petition of James Carr and others praying that c?mll.li~sio~ers RESOLVES, February 14, l8lla 101

:might be appointed to explore and mark out a road from the tide waters of lhe river Penobscot in a directi0n to Quebec, having considered the same, a~k leave to report the following resolvc:s, which are suDmitt('d. ISRAEL 1"HORNDIKE, per order. Whereas the 1,aying out a roa.d from the tide waters of Penoba scot river,' over the lands of the Common,vealth to the north boundary thereof, in a direction to the nearest settlement on the river Chau(liere, for the purpose of opening a communication with Quebec, on tbe river St. Lawrence, would be of great pub. lie utility. ~rherefore, Resolved, That John Davis of the plantation of Jackson, Isaac Wilkins ofBrownvilk,andSeth Kempton of Hampden,Esquires, be, and they hereby are appointed commissioners for the purpose of exploring and laying out a road four rods wide, in the most convenient and direct route from Penobscot river aforesaid, to the north boundary of this Commonwealth in a direction to the nearest settlements on the river Chaudiere, and said commiSSiOl1a ers shall have full power and authority to begin at such place at or near the Penobscot river, in the county of Hancock, as they may think proper, and from thence, to ('xplore and lay out a road, four rods wide, in the direction afore~aid, and to return a correct plan thereof to the agents for the sale of eastern lands, as soon as they have completed the smtle, with a particular descripa tion of said road. And said commissioners are hereby authorized to employ such surveyor, and other assistants, as they Inay find necessary to ef­ fect the purposes aforesaid, and to lay their accounts before the General Court for allowancco Resolved, That there be granted to said commissioners, five hundrt'd dollars to endble them to carry into effect the foregoing resolve~ they to be accountable for the faithful expenditure there­ of: and the Governor is requested to draw his warrant on the treasurer for the same. ' LXIV.

Resolve directing ten T01Vn.slzips to be surveyed so that tlze road laid out by Charles Turner, jun. Esquire, Ul 1807, may run through said Township&. Fehr~ary 14, 1811.

/' The C,ommittee of both Houses, to whom referred the petition of Nathanid Ingersoll and others, praying for the aid of this Le~ 102 RES-OLVES', February /16, lS11~

gislature in laying out and opening a roacl.fromthe1headof Pe .. nobscot I iver to the river St. Johns; ask leave to reportAhe foV lowing resolv:e,-whlch is:submitted.~ ELIJ AH BRIGHAM;,:/Jer:. order. ' Resolved,Jor reasons set{orth in s~lid petition, That the agents for the sale· of eastern lands be, and they here!JY art autherized, to survey, or C~luse to be Hurveyed" tell townshlflsof land,to be so laid out as.th!:lt the rOl1d :run out by Charle~ TUrI1er, jun. E"q. in the year 1807, (,1 plan of which is returnee! into the land office,) n1ay run· thronghsaid townships, the said townships:to extend from the north lint of William Bingham'~ land,. to the half town;. ship grunt~d, to 'V~tford Academy, in drder to· provide for opening said road, the agents (lforesaid, are HLlthonzed and di~ rected. to advertise in the several newspapers printed in the towli of Boston, that tht'y are re(ldy to receive prop'osals to dfl'ct the openi1lgof said road, from any person or persons di~,posed to do the same, the contradors agreeing 'to fell the trees·;:tnd make the

necess

Resolve on the petition of Moses Brown, allowing /urt/z('r time to settle Township Jvo~ 5, eighth range, .;\orth afthe lf7aldo Patent. Ji'ebruary 16, 1811.

On the petition of Moses Brown-Resolved, for reasons set forth in said petition, That the further time of two y~ars frorn the first day of June next, be allowed to Moses Brown, his, heirs and assigns, owner of township number five, in the eighth range of townships north of the vValdo patent, to complete the settlement of forty families, in said township. And·if the said Brown, his heirs or assigns, shall settle within said time, the said number of families (including those already settled) on said township-that then tile estate and right of said Brov\rn his heirs and assigns, shall be valid full and effectu~ll to aU intents and purposes, as if the conditions of settlelnent, 'expressed in RESOLVES, February 16, 18110 103

'the original deed given of the said township, by the cOlnl11ittee appointed by the ~eneralCourt, to sell and convey the unap .. propriated lands in the District of Maine; had been fullyan'd seasonably complied with. Provided nevertheless, that the said Brown, his heirs~ or assig'ns, shall on or before the first day of December: next; . give bond to' this Commonwealth, with sufficient surety or sureties, to the·satisfactiol1 of the agent for the sale of Eastern lands, conditiOlied that the 'number offami­ lies required in said original'~eedtb be settled Oil said town~ ship, shall within the said ternl\of two years be settled thereon, or for the payment of thirty dollars for each family which shall then be deficiente . LXVI.

Resolve on the pFtition of John Leverett, of 'J7indsor, State. of Vennont, authonzing him to sell certain lands in Jjoston~ : .February 16, 1811. . .,

On the petition of John Leverett~ of Vvindsor, in the county of Windsor and State of Vermont, Esquire, parent of John Leverett, 'I'homas Leverett, and Hannah Leverett, minors and children of him the said John; praying that he, the said John, nlay be "licensed to sell to the inhabitants of the town of Boston, within the county of Suffolk, and Commonwealthofl\1assa­ chusetts, for a . certain price mehtioned in said petition, and agret'd upon by the said John and said inhabitant'), two undi­ 'Vided forty-fifth parts andforty-two undivided flrtyjifth parts of one fortyjifth part of two certain pieces of land, situated in said town of Boston, now in the occupation and possession of the inhabitants thereof; which shares and propOl::tions . of said two tracts of land aforesaid, descended to said mibors, as heirs to their deceased mother, Hannah Leverett, late wife of the said John. Said tracts of land are described as follows, viz. one piece, containing: in the whole, about one quarter of an acre, bounds. southerly on Leverett street,' south-easterly on land purchased ~y the said inhabitants of Boston, of one vVilliaJTI Phillips, arid now in their possession, north-easterly on Charles River, at low water mark, and north-westerly on land purchased by said inhabitants of one Samuel Brown. T'he other piece being forty feet long and twenty feet wide, and parallel with Leverett street, and one hundred- and ten feet distant from it, bounds on ~n sides by land belonging to said inhabitants of Boston!,) and l~' $ituated easterly of the other piece before described. 1.5 1Q4 HESQL YES, February 16, 1811,

Resolved, for reasons set forthjn said petition, That the said lohn Leverett, parent of said minors, be, and he hereby is

~uthorized, to se1l 1 C\rid convey to the said ,inhabitants of said tpwn of Boston, and ,loexecute, and deiiver ,to thenl,' a good and valid deed, conveying to them and to their silccessors,all the right, title, interest and shares of the said.lohll'sthree children aforesaid, in and to said two undivided piti:ces or. tracts of land aforesaid, on his receiving of thenl the SlllU of money before Inentioned, and agreed upona LXVII.

Resolve directing the Quarter lJrfaster General, to sell at Public Auction, all broken and damaged Ordnance, the property of this Commonwealth. Pebruary 16, 181!.

Resolved, That the Quarter Master General be"and he is hereby directed to sell at public auction, all such 'broken, or 0therwise dalllaged ordnance belonging to this Commonwealth, and under his care" as i~ thereby .rendered unfit for use; first giving thirty days notice of the tiIne and place of sale in two of the public newspapers printed in Boston, and he to be :;tccountable for, and pay over t.O the treasurer of .. this COlll" monwealth, within ninety days next after the sa1e, the proceeds thereof~ after deducting therefro111 all proper expenses attending the same .. LX"\lIIL

Resolve confirming the doings of the 1r(?asurer.and Clerk of the .' Essex Turnpike Corporation. Ji'ebruary 16, 181 L

On the petition of Ebenezer Beckford, and 'others. Resolved, That the doings of Amos BlanQhard,. clerk of ,the Essex Turnpike Corporation, and also the doings of Satnuel Farrar,treasurer of said corporation, be, and the same hereby are. ratified and confirmed, and rendered as valid' in. law to all i,ntents and purposes, as though said Blanchard and Farrar had taken the oaths required by law, before a disinterested magis~ trate previous to their entering on the duties of said offices, and the books of said treasurer and clerk are hereby rendered valid for all purposes, for which the books oL saId clerk and treasurer 11light have been used, provided they had previous RESOLVES, February 16, 181L to entering on their offices, taken the oaths required by law before a disinterested magistrate. Provided nevertheless, that nothing htrein contained shall be construed to affect any suits now pending in any courts in this Commonwealth, or \vhich nlay here,olfrer, be ",brought or renewed by said, c'orporation f against any person or persons~- npc)fi: aI)Y ,cause, ofaction Which is now pending in any sllch court. - LXIX.

Resolveonthepetitioll& of Isaac Davi~ and David Murphy . .li'ebruaty, 16, 1811.

, - \ . On the petitions of Isaac Davis and David Murphy, praying for someremuneratioil for their losses of property, sustained in consequence, of their aiding- and assisting in the survey of lands for the K.ennebeck purchase. Resolved, for reasons set forth in said petitions, That there be granted and paid out of the treasury of this Commonwealth, to the said Isaac Davis, one hundred and thirty dollars, and to the said David Murphy, one hundred and eighty dollars; and his Excellency the Governor, with the advice of the council, is hereby requested to issue a warrant on the freasuryfor thepay'~ ment of the said sums respectively, to' each of the petitioners aforesaido

Resolve providing for an exchange of Laws with the several States in the Union. pebruary 16, 1811.

Resolved, That the Se,cretary of this Commonwealth be directed to correspond with the Secretary, or other proper offio eer of the several States in the Union, for the purpose of procur­ inga present and future annual exchange of Statutes, for the use of the executive and legislative departments. And that the Secretary be directed to forward three sets of the Statutes of this Commonwealth already published, to each of the States which have not already received them, for- the use of their res c pective governments. And also, three sets of all the Statutes which shall hereafter be pu blished to each of the States in the union that shall agree to forward their, Statutes in return. 106 RESOLVES,February 16, IBIL'

LXXI. !l. Resolve on the petitio1tof Jeremiah TJTait,1ate Deputy Sheriff' of Washington county, making valid his doings white in said .office. '.February 16,(1811,.,

On the petition of Jeremiah Wait, late deputy sheriff under John Cooper, Esq. sheriff of the county of Washington, pray­ ing that his doings while in said office may be confirmed and made, valid·; he having' given 'bonc~~,and \vas sworn to the faithful discharge of his said office, before a nlagistrate who was not legally qualified to adnllnister oaths and qualify civil offict'rs. ". . 'Resolved, That all "precepts; ana all the .regular doings and retuhlS of writs and precepts according to 'the precept in thenl contained while he continued in said office, be, :and hereoy are confirmed and made valid, in the same manner as if 'the said Wait had beell dl1lysworn and qualified for executing his office aforesaid, before.proper: officers commissioned to admin­ ister'oaths~' and qualify civiL officers; and ,the same ate ulade valid in law, to all intents and purposes, that the sanle would have been, if the sL1icl vVail, deputy sheriff, had been duly alld legally sworn for the executing hi~ office aforesaid. LXXII.

.Resolve discharging the town of Kittery of's415, 33 State tax. Pebruary 16, l~'l L

On the petition of the selectmen and assessors of the ,\:vo 6f Kitt~ry, in the county of York, setting forth, th~lt 0;: lie :first day of l\Ilarch last, a part of said t'o\vn· WHS incorporated into a separate town by the name of Eliot, ancl'that on the fifth day of the same Inonth, ,the ta~ act was passed, apportioning to the town of K:ittery,the whole anlount of tax whie\' should helve been assessed by both towns, and that a warrant from the treasurer was issued, in conformity. And that the town of Kittery have assessed one half the amotll1tofthe whole tax, being their proper proportion of the sanle. Resolved, That the town of Kittery be discharged {rOlD' the sn ro of four hUjldred and fifteen dollars and thirty three cents Qf the tHate tax apportioned to them, and that the assessors of RESOL YES, February 18, IHIL

-sa'id town be, and they are hereby authorized, to make their ~eturn of assessrnent of the remaining sum. And that the treasurer of this Comnlonwealth be directed to issue his War- -rant to the selectmen and assessors of the town of Eliot, authorizing and, requiring them forthwith to aSsess upon the polls and estates of said town, the aforesaid sum of foar hun­ dred and fifteen dollars and thirty three cents, in manner 'as is directed in the act for apportioning and assessing the State tax, made and passed th~ fifth day of March last--said tax to be collected and paid to the treasurer of this -Commonwealth on or b~fore the :first day of October next. LXXIII.

Resolve on the petition of Presion Thayer, of Templeton, in the. county of Worcester. - February 18, 1811. .

On the petition of Preston 1'hayer, Or'TelUpleton,. in the county of ,tV orcester, praying that he maybe authorized and elupowered to enter an appeal fronl a sentence awarded against hilU on the first day of January last past, by Silas Cutler, one of the J llstices of the Peace, for said county, for a supposed larceny in ,taking and carrying away one steel trap, at the Court of Common Pleas, next to be holden at Worcester, within and for said countv of Worce~ter. Resolved, for reasons s~t forth in said petition, That the said Preston Thayer, be, and he hereby is authorized and empow­ ered, to enter his appeal from the sentence of the said Justice at the Court of Common Pleas, next to be holden at W orces­ tel', within and for said county of Worcester, and the said court are hereby authorized and empowered to sustain said appeal and proceed upon the same in all respects, as it would have been lawful for them to have done, had the said Thayer claimed said appeal f when said sentence was awarded against him, and had seasonably entered his appeal in the -Court -of COnl1TIOn Pleas for said county. Provided, the said Preston 'I'hayer, give notice to William Fletcher of Templeton, on whose complaint said conviction was had, by serving him with an attested copy of this resolve, seven days before the next session of the said Court of Common Pleas, and shall recogniz~ before said court, with a sufficient surety, in such sum as they shall order, to prosecllte his said appeal with effect. 108 RESOL VES, February 20, 1811.

LXXIV.

Resolve on the petition of the President and Fellows of Har~ vard College. February 18, 1811.

Resolve altering the appropriation .of the sum of thirty ,thousand dollars which the President and Fellows of Harvard College. were authorized to raise by lottery, by an act passed March 14, 1806.: Resolved, That the. appropriation of the sunt of thirty thouG sand dollars which the President and Fellows of Harvard Col. lege were authorized to raise by lottery, by virtue of an act of the Legislature of this Commonwealth, passed lVlarch 14, 1806, be so far altered, as that the said sum so raised may be, by tIie said President and Fellows, applied to the erection of any edi. fice for the acconlmodatioa of the students, on any part of the College .lands in Cambridge, which the said President and Fellows, may think most eligible. LXXV.

Resolve on the petition of Alexander Murray. February 20, 1811.

On the petitioli.of Alexander Murray, stating that he is the oldest son of John Murray, late of Rutland, in the county of Worcester,Esquire, an absentee, whose real estate was confis. cated to the Commonwealth, by reason of his taking a part with the Briti~h at the commencement of the late revolutionary war, and who ,died in the British dominions, leaving no part of his estate to the said Alexander Murray, in consequence, as he conceives, for his having entered into the ar111Y of the United States, in which he served as a private soldier, in colonel Henry Jackson's regiment, for three years, and in which he had the luisfortune to be disabled by the loss of three of his fingers of his left hand. 'I'hat at the close of the said war, he was indulged by the Comluonwealth in the occupancy of a small farm of about ninety-five acres, in said Rutland, which was a part of his father's estate, and which has l1ever been sold, and on \vhich he has erected a house, and occupied it ever since. That he is now advanced in years, and very infirm, and the buildings are out of repair, and he is not able to repair RESOL. YES, February21, 18iL 109 them, and support himself and family, and praying that the Conlmonwealth would confirnl to him and his wife, during their nattir.:tllives, the use and ,enjoyment of the said farm of about ninety~five acres, and at their decease, that the remainder of said estate may enure to, and be hdd by their son Reuben Murray, his heirs and assigns. Resolved, That the said Alexander Murray and his wife, bet and hereby are confirmed in the possession, use and enjoy~ ment of all the right, title and interest, which the Common... wealth has in and to the said farnl of about l1inety-five acres, situate and lying in Rutland, ill the county of\VOl'cester, for and during their na'tural lives, and at the decease of the said Alexander Murray and'his wife, all the right, title and interest which the Commonwealth has in the said estate, shall enure to, and be held by their son Reuben Murray, his heirs and assigns .. LXXVI.

Resolve granting the Adjutant General g 1200, for servlces" &fe. one year. Jiebruary 20, 1811.

The conllnittee of both houses on the petition of William Donnison, Esq. Adjutant General, report the following resolve, which is subulitted. JOHN L. TUTTLE, per ordet". On ~he petition of William Donnison, Esquire, Adj utant General, praying for additional compensation for his services in his said office. Resolved, That there be, and hereby is granted, to be paid out of the public treasury of this Commonwealth to William Donnison, Esq. the suru of twelve hundred dollars, in full compensation for his services as Adjutant General of the mi­ litia of this Comluonwealth to the first day of January last; said sum to be in full for his services as aforesaid, including office rent and clerk hire. Lx:;eVIL

\ Resolve for repaying to Joseph Burt and Josiah Macomber (~f Berkley, S 100 each. February 211 181!.

On the petition of Joseph Burt and Josiah Macomber, both of BerkleY:I in the county of BristoJ, praying, that the money l10, ' RESOLVES, February 21, 1811. w.hich they paid the Common'wealth on their recogni..; zance, for the appeara~lceof Elijah Macomber, :afthe Coun. of Common Pleas, held withil1 and for the coqnty bC Bristol, iri June, 1807, that the said Elijah MacomberinlmediatelyafteL", being bound to the Court of Common Pleas as aforesaid, was; - bound over to tbe Supreme Judicial Court, for the same ,offence, and that, they recognized for his appearance, and accordingly delivered the said Elijah Macolllber up to the said Supreme. Judicial Court. Resolved, That the Treasurer of this Commonwealth be; and he hereby is directed to pay to the said Joseph Burt and Josiah l\lacomber one hundred dollars each, according to the prayer of the petition aforesaid. LXXVIII.

.Resolve abating the town of Carlisle State tax, of 1810'" Jtebruary 21, 1811.

Whereas the meeting-house in Carlisle, in the county of Mid­ dlesex, on the twenty-fourth day of May last, was set on fire, by lightning and consunled, together with the town stock of lnilitary stores, deposited therein. And the inhabitants of said town by their selectmen having petitioned this court that the State tax assessed on said town, on the fifth day of March; 1810, should be remitted. Therefore, Resolved, That there be, and hereby is remitted to the said town of Carlisle, the said State tax, al11011nting to the sum of one hundred and fifty -four dollars and sixty six cents, and the treasurer of this Commonwealth is directed to govern himseU' accordingly. LXXIX.

Resolve directing the Treasurer to charge tax of 1810, which is put to Loudon and Bethlehem, to the town of Otis. February 21, 181!.

Upon the Inemorial of Paul Larcomb, praying that, the tax now assessed to the towns of Loudon and Bethlehem, n1ay be set to the town of Otis. Whereas by an act of the General Court of Massachusetts~ passed the twentieth day of J une~ in the year of our Lord, on~ RESOLVES, Febn~ary 21, 1811. III ) thousand eight hundred and nine, the towns of Loudon and Bethlehem, in the county of Berkshire, were incorporated into a,town by the name of Loudon; and whereas by another act of· . the saidcourt, passed ,6n the thirteenth day of Jane, in the year of our Lord, one ~hollsand eight hundred and ten, the, nanle of the town of Louuon ,vas altered to the nalue of Otis, and as no notice"has b~en taken of the aforesaid acts in the tax act passed March,· Anno Domini 1810. 1"'h,erefore, '. . Jl.esolved, 1"'ha~ :the tax which has been assessed against the towns of Loudon and Bethlehem in the tax act ,aforesaid, be set against the- town of Otis, and that the treasurer of this Commonwealth be directed to luake sLIch alterations, and balance his book accordingly. LXX'X.

Resolve directing the Agents for the sale of Eastern lands to cause a sur1,)ey of the to'WTt if Ba.tdwin. February 21, 1811.

On the petition of John Spring, stating; that there are 'hinds in the to'wnof Baldw'in, in the county of CU111berland, belonging to this Comn10nwealth, and that he wishes to pur­ chase the Salne. Therefore, Resolved, That the agents for the sale of eastern lands be, and they hereby are authorized and empowered, to appoint some suitable person to survey said town of Baldwin, and ascer­ tain the quantity, quality, and value, of what lands remain the property of this Commonwealth, and to sell to said Spring, m' any other person or persons, all the COlnmonwealth's rit~ht, title, and interest in said surplus, for sllch consideration as said agents may deem. just a~ld reason,~lble.

L}CXXI.

Resolve on the petttzon of the town of Hartford, confirmiltg certain ·warrants andproccedings. February 21,1811.

U pan the petition of the inhabitants of the town or Hartford, ' in the county of Oxford, setting forth that several defects, irregularities, and omissions have happened and intervened, in several warrants for calling town meetings, and in the recQrds 16 112 RESOLVES, Februul'Y 21, 1811. and. proceedings therein, and praying that the legislature would confirm and render the Salne valid in law. Resolved, That all warrants for calling town Tl1eetings' iil the town of I-Iartford, in the county of Oxford, since the il1corpo­ ration of said to,;vn, and all proceedings w4ichhaye'beell'~ad 'llnderany such warrants, and the records of sllch warrants a11d proceedings, -so far as the same may relate to any defect or omission in form, or want of uniformity to the law in any such \varrants, proceedings, or records shall be, 'and the same are here­ by confitmed,'andrendered good and valid in law, any supposed defect or omission to the contrary notwithstanding. LXXXII. Resolve on the petition of James Freeman, Esq. Sheriff of Barnstable County. February 21, 1811. 'Upon the petition of James Freeman, Esq. sheriff of the county of Barnstable, praying that the conl111ittee on accounts tnay be authoriz.ed to receive and examine his accounts with the Commonwealth,and pass thereon. Resolved, for reasons set forth in said petition, That the comnlitt~e on accounts be, ~nd hereby are authorized and eln· l)oWered, to receive, exalnine, allow, and pass upon the accollnt of JaInes Freeman, Esq. sheriff of the county of Barnstable, with this Commonwealth, and to audit the same, any usage or 1imitation of tinle to the contrary notwithstanding.t LXXXIII.

llesolve granting g 119, 77 for the services of Simeon Ashley, formerly of the lOtlzMassaclzusetts Regiment. February 21, ~81J.

On the petition of Percival Ashley, adnlinistrator to the estate of Sinleon Ashley, late a soldier in Capt. Soper's com­ pany, and Colonel l'rlarshall's regiInent, in the revolutionary wa~ of the United States, stating that a balance remains due to the heirs of the said Simeon for said service, and as it appears that said statement is true. Resolved, That there be allowed and paid from the treasury this Commonwealth, to Percival Ashley, adnlinistrator, as ~cl~ and for the llse of the heirs aforesaid, one hundred RESOLVES, February 21, 1811. 113 and nineteen dollars; and seventy .. ~even cents, in full, of said balance. LXXXIV.

Resolve g,~anting Josiah Smith S76 T~;' in full.for his stroices as a soldie'r in Colonel Marshall's regiment. jiebruary 21, 1811.

On the petition of Josiah Smith, stating that, in the revolution .. ary war of the United States, he was a soldier in Captain Soper's .company, and Colonel Marsh~ll's regiment, and that a balance remains due for his services. I Resolved, That there be allowed and paid frOl11 the treasury of this Con1monwealth, to the said Josiah Smith, seventy-six dollars.0, and eiQ'hteen cents, in full for his said services. LXXXV.

Resolve granting to Moses .Hans·~n .S50,fbr loss of time and e'x .. pense, consequent to a wound received. F~bruary 21, 1811.

On the petition of Moses Hanson, a private in the company of n1ilitia in the town of Lebanon, commanded by George Gerish, praying for compensation for a \~'ound be received "vhile on rnil­ itary duty', on the first day of October in the year of our Lord one thousand eight hundred and ten.

Resolved1 that for the reasons set forth in the said petition, That there be allowed and paid to Moses Hanson, out of any rnonies in the treasury of this Commonwealth, not otherwise appropri~ ated, the sum of fifty dollars, as a compensation for loss of til11e and monies expended in consequenc.e of said wound. LXXXVI.

-Resolve directing that blanks be printedfor towns to make returns of the elec:tion ofGoverno'r, &~. February 21, 1811.

Resolved, That four thousand copies of each class of blank printed returns proper to be used by -selectmen and clerks of towns and districts, and assessors of plantations, in making out their returns of votes for governor, lieutenant go\rernor, senators and counsellors, and representatives in Congress, nc.cording to 'the. forms prescribed in a resal ve of the General Court, passed 114 RESOLVES, February '21, 1811.

on the fourteenth day of January, in the year of our Lord one thousqnd eight; hundred and seven, be printed at the expense of this Commonwealth; and the secretary of the Cummol1wealth is hereby authorized and directed to procure the same to be printed, and to cause two sets thereof to be fonvarded to the clerks of each town or district, and,to assessors of 'plantations 113ving a right to give in their votes in the above election,s,_ LXXXVII.

Resolve approJJrzatl1lg 86000 .for the 'purchase. oj Regimental Colours, 2fc. February 21, 181l.

Resolved, That the su m of six thousand dollars be, and the same is hereby ctppropriated out of any monies in the treasury, not, otherwise appropriated, for the purpose of providing state and

¢ rep'imental colours, and such instruments of n1usic, as is required to Lbe fnrnished by an act, entitled "An Act for regulating and governing the militia of this Commonwealth;" and his Excellen­ cy the Governor, with the acbiice of Council, is hereby author­ ized and requested to issue a warrant on the treasury from time to til11e, for such sums as they may think proper,not to· exceed in the whole six thousand dollars, the warrant to be drawn in favour of Amasa Davis, Esquire, Quarter Master General of, this Common\vcalth, and the said Davis is here~y held and made ~lccountable for the expenditure thereof. LXXXVIII.

Resolve granting S75 to Jonatlzan (Simonds, junior. February 21, 1811. '

On the petition of Jonathan Simonds, junior, a private soldier .in the company of militia, in the town of Burlington,command­ eel by Capt. John W~dktr, junior, praying for conipt'ilsatioh for a wound he received, while' on military duty, on the first day of November last. Resolved, that for reasons set forth in the said petition, That there be allowed and paid to s'.\id Jo'mthan Simonds, junior, out of any n)onies in the treasury of this Cornmonw~alth, not other­ wise appropriated, the sum of seventy-five dollars as a compen .. sation for tirne lost "nd money t~pended~ in Gow}equence of said wound. ' ' RESOLVES, February 21, 181l. 115 LXXXIX .. Resolve constituting the selfctmen if Carver. guardians to' Lua:, ma Seepit, an Indian woman. February 21. 1811.

On the petition of the sf'lectmen of Carver, praying that a guardian may be;\ppointed for LuaD1:1 Seepit,an IndiLlll woman, who has become chargeable in said town, and who'is the only remaining hdr to a certain piece of land lying withl11 the limits ,of said town. ' , Resolved, That the prayer of said petition be gran'ted, and that . the seleclnlen of the said town of Carver for the time being, and their successors in office, be, and hereby are appointed gl!ardians to the said Seepit. xc.

Resolve on the petition of Lemuel Pomroy, making valid a depo­ sition. February 21, 181!.

Upon the petition of LemuefPomroy, of Southmnpton, in the county of Hampshire, representing that ill the month of October' last, he procured the depositions of Douglas King, of Westfield, and John ,Lyman, of said Southampton, to be regularly taken ill perpetual renlembrance of several things rel

Resolve discluirging the town. qf 8,a,nc{ford from a fine oj'S 100. February 21, l811.

On thepetitio~l of the inhabitants of the town of Sandford, in the county of York, by their agent. Resolved, for reasons set forth in said petition, That the inhab" itants of the town of Sandford be discharged from paying a fine of fifty dollars, awarded by the Supreme Judicial Court holden at York, in and for the county of York, on the third Tuesday of May, A. D. 1810, on account of bad roads, on condition that the s,um of one hundred dollars be faithfully expended onthe road lead­ ing from Eliot Frost's in said Sandford to the Province MilI,,--s.o called, by the first clay of August next, under the direction of the seIectnlen of said town, in addition to the sum that is usually raised by said town for the repairs of highways the ensuing year, the \>aid inhabitants produciqg- satisfactory evidence of such expen­ diture to the Supreme Judicial Courtnext to be holden at Alfred, within said county, and paying costs of prosecution.

XCII.

Resolve on the petition of Jolin P. Boyd. February 22, 181l.

On the petition of John P.Boyd, praying for further time for the payment of his notes in the treasury given for eastern lands; and for further tinle to settle three towns,hip~ of land. Resolved, for the reasons set forth in said petition, The further time of two years frOln the passing of this resolve be allowed to. John P. Boyd for the paytnent of his notes in the treasury of this Commonwealth given for lands. Provided, said Boyd shall with, in ninety days from the passing of this resolve, pay a~l the inter.. est that l11ay be due on said notes. , Be it further resolved, That the further ti me of two years frOl1,l the first,qay,of June next be allowed tol00n P. Boyd, his heirs and assigns, owner of townships numbered two, in the se,venth range; nunlbered four, in the eighth range; and numbered four~ in the ninth range, north of the WaIdo Patent, to complete the settlement of forty families on each of said townships. And if the said John P. Boyd, his heirs or assigns, shall sf:Ule within said time the said number offamilies (induc1ing those already settled)

IOn said town~.hips, that then the estate and right of said John P. I RESOLVES, February 22, 1811. li1

Boyd, his heirs and assigns, shall be valid, full, and effectual to all intents and purposes as if the conditions of settlement express~ ed in the original deed given of the said townships by the com­ mittee appointed by the General Court, to sell and con'vey the unappropriated lands in the District of Maine, had been fully and seasonably complied with. Provided nevertheless, That the said John P. Boyd, his heirs or assigns, shall on or before the first day of December next give bond to this Commonwealth, \vith suffi. cient surety or sureties, to the satisfaction 9f the agents for the sale of eastern lands, conditioned that the number of families required in said original deed to be settled on said township shall within the said ternl of two years be settled thereon, or for the paynlent -df thirty dollars for each family, which shall then be deficient. XCIII.

Resolve a~thorizing the Treasurer to 'tecfive qf Levi l£ubbard, - Esq. T1·easurerof Oxford county, gIll in Berkshire Banlc

bills. February 22, 1811. I

Upon the petition of Levi Hubbard, Esq. praying that the treasurer of this Commonwealth may be authorized to receive of hinl one hundred and eleven dollars in bills of the Berkshire Bank, which he received in his office of treasnrer for the county of Oxford. Resolved, for reasons set forth in said petition, That the treas~ urer of this CommDnwealth be, and he hereby is authorized and directed to receive of the said Levi Hubbard the aforesaid sum of one hundred and eleven dollars, in bills or notes of the Berk~ shire Barik, being the same notes received by hiln in his office of treasurer of the county of Oxford, as part of a fine and the cost of court imposed upon one Samuel PumpiUy by the Supreme Judicial Court held at Portland within the counties of Cumber­ land and Oxford, in the month of October, A. D, One thousand eight hundred and eight, and upon the residue of the fine and , cost (which "vas received by said Levi Hubbard as aforesaid) be, , ing paid to the treasurer of the Commonwealth, that he give to the said Levi Hubbard il full discharge for the saIne. 118. RESOLVES,.'F'ebruary 23, 1811.. XCIV. Resolve appointing John Tinkham, Trustee.ofthe.property of Benjamin Simon, jun. an Indian. February 22, 18~1. '

On· the petition of Benjamin Simon, jun. . , Resolved, fiJr reasons set forth in the said petition, That John . t'inkham, Esq. of Middleboro' in the county of Plymouth, be, and he is hereby appointed trustee of the property of the sa id Benjamin Simon, jun. an Indian, with the same 2uth6rity and power,"as was granted to the said John Tinkham, (lS trustee of the property of Benjamin SimoriandWillhlm Simqn, Indians, in and by a resolve passed the seventh day of March, 1804.

XCV.

Resolve illfavour of Silvan~'s Lapham. J?ebruary 22, 181L

Resolved, That there be allowed and paid ont,of the treasury of this Commonwealth unto Silvanus Lapham, assistant mes­ senger to the General Court, one dollar per day, during the present session of the General Court, over and above his ordinary ,allowance. XCVI.

Resolve. on the petition of Amasa Stetson and others, granting: further time to complete their settlements. February 23, 1811.

On the petition of Amasa Stetson, Edward Tyler, and others, praying further time to settle faluilies ,on,lands of which they are proprietors. Resolved, for reasons set forth in said petition, That a further ~me of two years, fron1 the first day of June, next, be allowed to Amasa Stetson, his heirs and assigns, owner of two town­ ships of land number three in the third range, and number three .in the second range of townships north of the Waldo Patent, to c;omplete the settlement of twenty families on township No.3, third range, and forty families on township No.3, 6econd range; to Edward Tyler and others, owners of tovvnship letter D, (their heirs and assigns) in the County of Oxford, to com­ plete the settlelnent of forty f~lm ilies in said township letter D,c RESOL VES,Fehrt1ar-y 25, 181 L: 119

and if said Stetson and Tyler, their heirs or assigns, shall settle within said time the said number of fatuilies (including those already,~ettIedr on said townships respecti "ely,' that then. the estate, right;iil1d' title of saia'Stets01'1,Tyler,ancl otli~ts shall be full and effectu&l to all intellts Rt1d purposes, as Wthecondi­ tions of settlement expressed in the orig~nal dee9.s given of the said toivnships by the committee. app

Resolve in fovour (Jf John Barker and others . .February 25,1811.

Whereas by aresol ve of the General Court passed 20th J II ne 7 1809, Salem 'roWne, Esq. was authorized alld empowered to ascertain the quantity and value of the lands taken to quiet the settlers on the qual-tel' of the township No.4, on the Penobscot River, sol4 to John Barker and Aaron Tufts, Esq.; and said Towne having reported that the land taken as aforesaid consists of two lots; one lot of one hundred acres, of the value of five hundred and twen.ty-five dollars; and one lot of eighty .. two acres, of the value of three hundred and twenty-eight dollars. Resolved, That there be allowed to John Barker and Aaron Tufts, Esq. eight hundred and fifty-three dollars, in full for the aforesaid two lots taken out of their purchase for the purpose of quieting the'settlers on the said quarter of the township No.4, on the Penobscot River. And the treasurer of the Common .. \vealth is hereby directed to discount on the bond given by the ::laid Barker and Tufts to secure the paYlnent of the purchdse lnoney of the said quarter of the township No.4, the above sutn (,f eight hundred and fifty.three dollars. 17 . RESOL-V £S" :b'eb,ru,ary 25, 1811.

XCVIII.

, '.' ResolveauthoriZ'ing the ',Governor to appoint '; sp'ftlf!; jJers9tz to

asce1~tain, q~ I what terms, certairz Islands can/?~lJ?{rplzas"edfol· the?~noQspqtIndians. February 25, 1811.

, Ot;l;thepetition of the fenOlJs~ot tribe of Jndiaqs" praying that SOUle person lnay be appointedto buy several s~all islands in Penobscot River, called the Spad Islands, by excha~lg1ng SOllle of theil" land, or in sll'ch other ,way as, to the LegisJ,at1,lre shall seem best. Resolved, for :reasons set forth in said petition, That his Excellency the Governor, by and with the advice and consent -"-. of the honourable Council, be, and he is hereby authorized "'" and. reqtlested to appoint SaIne suitable person, whose duty it shall:~eto enquire into the subject matter of said petition, and ascertain _011 ,what terms said islands can be had, either by exchanging some of said I I1 dians' land, or otherwise, and report his doings to the next Legislature.

XCIX.

Resolve on the Petition of tit/gents for the to'tlJn ~f Brunswick~ February 25, 1811.

On the petition of agents for the town of Brunswick, for authority to convey and ~et off to the p;resiq.t::nt and Trustees of Bowdoin College, hvo hundred acres of thecomlnon land in gaid town . . Re-8olved, for reasons set forth in said petition, That Jacob Abbot and John Perry, jun. Esqrs .. be, and they are hereby authorized and empowered, on behalf of said town, ,to make and execute a deed of two hundred aCl:es of said COl1unOl1 land to the President and Trustees of Bowdoin College .. ·Anq. they are also elnpowered t~ 111ake a survey and establish the boun~ daries of said COmlTIOn land; then to set off and divide to the said President and Trustees, the aforesaid two ~llmdredacres of land with proper metes and bounds. RESOLVES, February 25, 181!. 121 c.

Resolve appointing a Committee on State Prison affairs.. February 25, 1811.

Resolved, That the Hon. Smnuel Dana, Peter C., Brooks, Aaron Hill, James Prince_, and Benjamin Weld, Esqrs. be, and they hereby are appointed a comlnittee, during the recess of the Legislature, to examine the books and accounts of the superintendant of the State Prison, and of all other persons who have had any agency in that institution, from its first estab­ lishment till the first day of December last, with power to send for persons and papers, and to employ any suitable accountant to assist thern in such exalnination; and also, if they think proper, to revise the laws for regulating the State Prison, with lea ve to report, by bill or otherwise at the first session of the next General Court; and that they lay their account before the committee 011 accounts for allowance. CI.

Resolve on the petition ofRufus Davis, directing the Treasurer to take his note and gl.ve up a note signed by Levi and Ebene­ zer Davis. J?ebruary 25, 1811.

. On the petitIon of Rufus Davis, executor of the last will and testament of Levi Davis, late of Charlton, deceased, praying that the treasurer of this Comolonwealth be directed to give up the note given by said Levi and Ebenezer Davis to said Com­ monwealth for the SlIm of sixteen hundred and sixty-seven dollars. Resolved, for re'J-sons set forth in said petition, That the treasurer of this Commonwealth be, and he is hereby authorized and directed to give up to said Rufus Davis the said Leyi ancl Ebenezer's note: Provided, That the said Rufus shall first pay the)ihterestdue, and give a note or bond to said treasurer for the US~ of the Commonwealth, with suffioient surety or sureties, to the, acceptance of said treasurer, to the amount of sajd Levi: and Ebenezer's note~ l!22 RESOLVES, February 25, 181L ClIo

Resolve on the petition oj' SinUJn Cheney, atlministrator,jvr, a new note. .February 25, 1811.

On the~ petition of Sin10n Cheney, administrator on the estate of Timothy Cheney, late of Medfield" in the county of Norfolk, deceased. praying fora new note in ;lieu of one lost. Resolved, That the treasurer of this Commonwealth be, and and he is directed to issue a new state note for one hundred forty dollars, and eighty-nine cents, bearing the same number and date, at five per cent interest; the said Simon, as adnlinis­ trator, as aforesaid, first giving bonds to the satisfaction 'of the treasurer, and his successors in office, conditioned to save the Common wealth harmless from all demand therefor,on the account of the note, said to be lost as aforesaid. elII.

11esolve on the petition of Thomas Leavit, D.l Buxton, County of York. }february 25, 181!.

/ VVhereas,lVlary Ayer, administratrix of the estdte of Daniel AyeI', late of Buxton, in the county of York, cordwainer~ de. ceased, and guardian to the heirs of said estate, they being aU tninors, was at a Court of Common Pleas, begun and holden at Biddeford, within and for the said county of York, (in the last 'Tuesday of October, in the year of our Lord, one thousand ~ight hundred and three, empowered by the said conn {o,~)ell' and pass deeds to convey the whole of the real estate of, beild deceased, she being then sale and unmarried:. and the .~':>:>id 1\1ary, after intermarrying with Samuel Leavit, of sqid,Buxl,,;n, did on the twentY',.third day of January, in the.yearot our Lord, one thousand eight hundred and fonr, together with the saId Samuel, by their lawful nanles, by deed ut:lder their h~mds and seals of that date, and by "ir~ue 'of the said', powey .fronl said court, sell and convey to Thomas Leavit,of said Buxton, a certain tract of land in said Bl,lxton, the whole of the estate of said deceased; being three fourths of lot numbered two on the letter H, and third division~ and the said Mary having since deceased ~ and the said Thomas having petitioned this court to l)l~k~ th~ s(;~id deed as valid in law~ as if the said Mary had RESOLVES, February ~6, 1811,; l~"S been sole and unmarried at the time she ex~c;uted said deed.. , Therefore, . Resolved, That the deed aforesaid be,.andherebr is _m;~de valid in law to all intents and purposes, as if the, said deed-had been made and executed by :thesaidMary" when sole, by the' name of Mary Ayer, in her said capaGity ofadministtattix of the said estate, and guardian to the said minor heirs, ancfas if the said Mary had relnained .. sole and unmarried at the time of making and executing the said deed. CIV.

Resolve on the petition of William Davis and others, agents for the town of Plymouth. .february 26, 1811.

On the petition of William Davis, Esq. and others, agents for the town of Plymouth, praying further tim~ to loca.te a township of land granted tothepl by a resolve dated February 24, 1808; the term limited in said resolve for locating said township, being now expired. Therefore, Resolved, That a further tilne of one year from this date be, and herebv is allowed to said inhabitants to cause the same to be 10cC),ted; and. the agents for the sale of eastern. lands are hereby directed to govern themselves accordingly, 'any thing in the resolve of the 24th of February, 1808, to the contrary l1otwithstanding:. ev.

Resolve for paying Warren C/zase.; February 26, 1811.

Resolved, That there be allowfd and paid out of the treasury of i this' ,Commonwealth unto Warren Chase, a.ssi!lJantto' the messenger of the General Court, one dollar per, day ,during the pre~el1t session of the General Court over and above his u~ual alluwallce. CVI.

Resolve,further directing the Secretat~y in the purchase of the sevf!ral volumes of the Reports of Decisions in the Supreme Judicial Court. February 26, 1811. ' "; ~

Resolved, That the secretary be, and he is· hereby authorized to allow and p.iY t\venty.five cents for each volume of the Reports 124 RESOLVES, February 26, 1811. of Cases'arguea;and determined in the Supreme Judicial Court, in addition to the sum limittd by a resolve of the Legislature passed the '14th'day of February instant,and that two dollars and twenty-fiver cents be considered as the price of each volunle \vhich thesecrefal;y is to be ,limited by, in the same manner as though that 'suni.hidbeell ins~rted in said former resolve. CVII.

Resolve on the petition af John Chapman and others. February 26, 1811.

'On the pet it iOh of John Chapman,of Tewksbury, in the county of Middlesex, blacksmith, John'Jaques, of said Tewksbury, yeo. lnan, administrator of the goods and estate which were of John Jaque£, late' of said Tewksbury, yeoman, deceased, and Zepha­ niah Clark, of said '"rewksbmy, guardian toNathan Jaques, Sam­ uel Jaques, Polly Jaques, and Oliver Jaques, children and minor heirs of the said John Jaques, deceased, setting forth that the said John Jaques, deceased, in his life time promised and agreed to and with the said Chapman, that whenevet he the said Chap­ man, should pay himthcsaid John Jaques, deceased, the contents ora note' of hand given by said 'Chapman to said Jaques, 'dated the eleventh day of August, in the year of our Lord oile thouw sand eight hundred 'and six, for the sum of one' hundred and ninety-one dollars and ninety-seven cents, he the said Jaques, deceased, would give said Chapman, a good and sufficient deed of two lots or pieces of land, situated in said Tewksbury, and desctibed ,as followsl viz. one lot or pi(-ce bounded,' bfginning at the highway. which leads from Tevvksbury meeting-house to Salenl; thence southwardly twelve'fods by land of!JohnSpauld­ ing; thence:west nineteen rods' by land:of Rev. Jacob Co~,gin ; thence novt!nvardly fourteen ,rods partly by land, of sa;d Cnggin, and partly ,by common land to the highway l:Iforesoid, ;.md tlkl1Ce by suid highway to the bound first mentioned. The other -lot or piece bounded, beginning ~tthe north-west corner at land of said Coggin; thence eastwardly by land of said Spaulding, six­ tecll ~nd ahalfrods to tI~e Lmd· of Job Kittridge; thence south­ '\vardlr,\ by> 'said Kittridge's land-nille rods; thence vl'estw

Resolve granting Taxes to several Counties., ,Rehruary £26, 1811.

Whereas the treasurers of the following counties have laid their accounts before the legislature for examination, which ac­ counts have peen examined and allowed: and whereas the clerks of the Courts'of Cdmmon Pleas, for ,the said,~(}untiesj'have exhibited estimates, madeby the said courts, o£"the necessary charges \vhich may arise within the said several counties, forthe year ensuing, and of the sums necessary to discharge lhe debts of the said counties: \ ' Resolved, That the sums annexed to the severai counties, CO~D tained in the following schedule, be, and the sameare'hereby granted as a tax, for ea~hcounty respectively, to be apportioned, assessed, paid, collected and applied, for the purposes aforesaid, according to law. Suffolk, forty-five thousand dollars 84'5,000 Essex, eight thousand one hundred dollars 8,100 l\1iddlesex, nine thousand three hundred dollars 9,300 Hampshire, two thousand five hundred dollars 2,500 Plymouth, two thousand seven hundred and fifty dollars 2,750 Barnstable, one thousand eight hundred and fifty dollars 1~850 'Vorcester, four thousand dollars 4,000 Norfolk, three thousand dollars 3,000 Yark, four thousaild dollars 4,000 Cumberland, six thousand dollars 6,000 Lincoln, seven thousand seven hundred and fifteen dollars 7,71i Oxford, two thousand dollars 2.000 Somerset, two thous.~md one hHndred dollars 2~ 100 1~ RESOLVES, February 26, 1811~ lI;lnco(~k,:'f6l1rtH6tls~Uld six hundred and fifty dollars 4,650' Wa~hillt~t'CJn, oNt,thollsanrl five, hundred dollars ... 1.500 And bIe1it:furtlter'resolved,!That twenty thotisand' dollarH of the ,"mnl hereby, orden-d to be raist'd in the county of Suffolk f(II" the;yea!r ;ensili:ng,s'hitll be appropriattd towards building the nt:w court:house:it\ fsaidcounty. ' CIX.

Res'Owe granting pay to JohnPel'ry, assistant to tite lvlessenger of the Genfral Court. February 26, 181 I.

Resolved, That there be allowed and paid out of the public trl."i:!sury, uryto John Perry, ~ssistant to the messenger of the Gfneral'CbU'V'i, one dollar pel" day, 'for e~ch day of the present ses..,ion of the G~ncral Court, over and above the usual allowance to him. ex.

Resolve toempoitJer the Committee on the State Prison, to put~ chasc.patent rights. February 26, 1811. '

,,'Resolved,,·That the committee appointed during the present' session of the legislature to examine the books and accounts of the superintendctl}t of the State Prison, and, of all other persons who have, had 'J,ny agency in that'institution, and also to revise the laws for regulati~gsaid prison, be, and tbey are hereby authorized and empowered to contract for the purchase of any patent right, for the purpose of introducing into said prison such manufactures, as may, in their opinion,be conducive to the interests of the Commonwealth. exI.

~esolve on the petition of Elisha Sigourney and Judah Hays, Ex'~ ecutors oftht,? late General Henry Jackson. Iiebrury 26, 1811.

On the petition of Judah Hays and Elisha Sigourney in their capacity of executors of Henry Jackson, late of Boston, in the -county of Suffolk, Esq. deceased, representing that said Jackson was at the time of his decease a creditor of Henry I(nox, late of Thomaston, in the county of Lincoln, 'Esq. deceased, and have RESOLVES, February 26, 1811. 127 by accident lost the benefit of c.laiming under the commission of inflolvencyon said Knox's estate, the s~nne having been closed. Resolved, That the Judge of Probate in the county of Lincoln be, and he hereby is aut~orized and required to c;.iltse the com~ rrlission on the estate of the said- Heliry K.nox to be furthetcxtend= ed for the term (~f two months frOlll the first di:lY . of lVlarch ,in the year one thousand eight . hundred and eleven; and th;\t all persons who have not exhibited their claims on the Ctltate of said H.enry K.nox be, and they are hereby autho!"ized and em­ powered to exhibit the same to the commissioners -; and that if the commissioners heretofore appointed shall have decea5ed or they or either of them shall be incapacitated, 0)' shall refuse to serve, the Judge,of Probateis hereby a'uthorized to appoint one or more other commissioners. Provided always, that the co;-,ts of allproceediilgs to be had in virtue of this resolve 111 the Pro~ bate Oflice, alJd the expenses of, the further tnt'etings and sese sions and services of said comn1issioners shall be defrayed and p

eXII.

Resolve appointing Edward lVlitclzell, Jun. Guardian to the Indians . in Bridgewater. February?6, 1811.

Resolved, That Edward l\1itchell, jun. of Bridgewatc>r, in the county of Plymouth, be, and'he is hereby appointed a guardian over all th~' Indians residing in, said Bridgewater and owning lands therein, with all the powers ,vhich are by the lav17s 'of this Corn­ monwealth Riven to gU:1rdians in other cases. Provzded, That the said Edward Mitchell, j un. do first give suffi, :lent bonds to the Judge of Probate for the county of Plyrilouth, for the faith­ fu I ,performance of the trust repo~td in hiln hy the aforesaid appointment. ' . 18 128 RESOL VES, February 26, 1811. eXIII. Resolve accepting' the report of Simon Larned and Moses Hop~ kins, Agents for the sale qf' the Commonwealth's land in the county of Berkslzire. February 26, 1811. '

1~he committee to whom '"as comnl1tted the report of Simon Larned and Moses Hopkins, and the docutnents accOlnpanying the same, r'epott the following resolve, ,which is submitted by , E. STARI<'''VEATHER,per order. ,tV hereas by a resolve of the legislature of the said Common­ wealth, passed the fourth day of February, in the year of our Lord one thousand eight hundred and four, and'another resolve of the thirteenth of June, 1807, Simon Larned and Moses Hop­ Icins were appointed agents to take possession of, sell, and con­ vey all the Commonwealth's land lying in the county of Berk­ shire, and directed to pay over seven hundn~d and fifty dollars of the proceeds tJ1ereof to the heirs of John Burghardt. Resolved, That the report of the said SilTIOn Larned and Moses IIopkins, agents as aforesaid, on the subject of the sales of the ands aforesaid, be, and the -same is hereby accepted. And be it further resolved, That the said agents shall as soon as may be, retufQ to the Secretary's office a certificate of the paynlent of the said sunl of seven hund,red and fifty dollars to the heirs of the said John Burghardt, and pay into the treasury of the Commonwealth the SUln of one hundred and sixteen dollars

aLld ninety~four cents7 it being the balance due to the Common~ wealth, after deducting the said agent's account in full, and inci­ dental charges of the sales of the land aforesaid, as appears by the sched.ule of the. said agents which is, annexed to their said reportQ

CXIV.

Resolve on the p'etition of Isaac JJ![altby. ,F~ebruary 26, J:8I!.

On the petition of Isaac Multby, praying that Jonathan Ly­ In~lll, administrator on the estate of Israel Parsons, late of Hatfield in the county of Hampshire, deceased, may be authorized and empowered to rnuke and execnte deeds of two pieces of land ly.. ing in said Hatfield, which land was conveyed by said Isaac lVlaltby to selid ltirael Parsons as collateral security to guarantee the puyrnent of a note of hand signed by Lemuel DjckinsaJ1" w.bich note has been paid, RES()L YES, February 26, 1811. 129

Resolved, That the said Jonathan Lyman,adnlinistrator as aforesaid~ be, and he hereby is atithorized' and empowered to make and execute good and sufficient deed or deeds of two pieces of land lying in said Hatfield to him the said Isaac Maltby, bound­ ed as follows: the first lot on the 110tth by Moses "Varner; south by Ebenezer 'and Daniel Dwight, we~t by Moses Shennan, ~nd east by land of the said Israel Parsohs, c6htaitling fifty~one acres; the other lot lying near Great Plain, so called, and bounded west by Capt. Silas Billings, south by land unknown, east by Seth Bard. well's heirs, and north by land unknown; containing fourteen acres; that the deed or deeds by said Jonathan Lyrnan, adrn~riis-: trator as aforesaid, by him duly executed, shall be' sufficient to convey the above t,wo pieces of landto hinl, the said Isaac Mclltby, to all intents and purposes, as if the same had been made by said Israel Parsons in his life time. cxv. Resolve granting Edward M'Lane :5250. February 26, 181L

Resolved, That there be allowed and paid out of the treasury of this Commonwealth to Edward M'Lane, first clerk in the Secretary's office, the sum of two hundred and fifly dollars, ill full compensation for extra services rendered in the said office by the said Edward M'Lane, since the decease of the late secretary J\very. CXVI.

Resolve on the petition of William Heard and others. February 26, 1811.

On the petition of Abigail Heard, \ViIliam Heard and others, praying that William Heard may be authorized to make and execute a deed of conveyance of a certain lot of land situated in 1'bomastown, in the county of Lincoln, to John Heard, of said Thomastown. Resolved, for reasons set forth in said petition, That the prayer thereof be so far granted that,the said Willianl Heard, adminis­ trator on the estate of William Heard, late of said 1'homastowD, deceased, be, and he hereby is authorized and empowered to con­ vey to the said John Heard, a certain parcel of land lying in s;,id Thomastown, bounded as follows: beginning at Makers Cove, 130 RESOLVES, February 27, 1811. so c(illed, at a stake and stones, thencel running south by enst, two hundred and thirty .. tworods, to a birch tree, on Jhe bank of tht~ sn'i shore,thence by the shore easterly until it,Vlak~S $ixty rods nr rJgl~': angles frOln the before mentioned lihe,ti:lence, nOf,th by ,vest one Ilundred rod~ to a stake and stones, :thence north twenty-~ix degrees 'west, one ,hundred and twenty-s~ve~l ,ro~lsto tlw fir~tmentlOnt-d Co,Ve, thence westerly by the shore toth~ first llitntlOned bounds, contaillingse¥enty-oneacres and thre~ fourths of ;;I,n aG~e, and to 1l1i.ike and ,execute a. good and:su~ciellt deed to convey the tlarne, whichsh::llibe valid ip la)'V to all intents and purp()~e~, as if the said Willianl Heard had conveyed the ~ame. in his . life: time. CXVII.

Resolve for paying the Clerks am Chaplains of both Houses. February 27, 181!.

Resolved, That 'there be paid out of the pub1ic treasury to Narhaniel Coflin, Esq. clerk of the Senate, and to 'Charks Pinck~ ney Sumner~ Esq. cltrk of the House of Representatives, three hundred and fifty dollars each; and also to SC:lnHLel F. M'Clary, assistant clerk of the Senate, and to Thomas' ,,7 aleut, assistant clerk of the House of Representatives, two hundred and fifty dol~ lars each; and also to the R('v~ Joseph Stevens Buckmimster, chLiplain of the Senate, and the Rt'v.Dr. T'ho111(lsBaldwin, chiip­ lain of the House of Representatives, sixty dollars each; in full of their services in said ~ice5 the present session.

CXVIII.

Resolve granting $100 to the Secretary, to pay assistant Clerks., February 27, 181l.

Resolved, That there be allowed and paid out of the publick tre;lsury of this Comnl0nwealth unto Bt'nj~tmil1 Homans, Esq. Seeretary of the State, one hundred dollars, to enable hilU to pay stlchassistant clerks as he may have employed to expedite the public business of the present session of th\~ Genel,"tll Court-h~ to be accountable for the expenditure thereof. RESOLVES, February 27, 181r. 13t CXIX.

Resolve on the petition of lYinsloVJ Parker. February 27, 181t:

On the petition of vVins]ow Parker, praying for the assistance of this Comn10nwealth in defence of a certain action brought by James lVlartin against him to recover possessioll of certain Imids lin Groton, in the county of Middlef?cx, which was Gonveyed by this COffilTIOnwealth to the said Winslo\vPdrker with warranty. Resolved, for reasons"set forth in said petition, That the Attor­ ney General of this Comn10nwealth, be, and he hereby is author­ ized to appear on behalf of this Corhmonwealtli in the suit· now' pending, in the county of Middlesex, brought by the sald Jan1es Martin against the said vVinslow Parker, for the recovery of said land conveyed as aforesaid,and to examine into the title of the said Martin thereto-and the said Attorney General is hereby author­ ized and required, if he shall think it expedient, to cleferid aga.inst the claim of the said Mdrtin to said land; and to substitute any other pe~~on, or persons to do and transact the suid business in his stead, or any matter or thing thereto appertaining, at his- di:)cretion. . . And itisfu'rther resolved, That his ExceltencytheGovernor, by and with the advice of the Honotirabie Coundl; b~, and he hereby is 'authorized and requested to issue his \~.arran~ on the treasury for such sum, not exceeding one hundredido~lars, as the said Attorney General shall apply· for to defray the necessary expenses of any of the services hereby required, tor which sum he shall be accountable. cxx.

.Resolve for paying the Committee on Accounts. February 27~ 1811.

Resolved, That there be alloV'ved and paid out of the public treasury, to the committee appointed to examine ,and pass on accounts presented against the Commonwealth, for their attend­ ance on that service during the present session, theSU1TIS an­ nexed to their names respectively, in addition to their pay as members of the legislature, viz. Hon. Nathan Willis, thirty-one days, thirty-one dollars.­ Hon. Israel Bartlett, thirty-one days, thirty-one c1011ars.-, ThOlnas Hale, thirty-one days, thirty-one doBars.-David 132 RESOLVES, February 27, 1811.

Perry, thirty-one days, thirty-pne dollars.-Nathan Fisher, thirty-one days, thirty-one dollars.-Silas Hohnan, fifteen day~, fifteen dollars. CXXI.

Resolve allowing farther time to any town in the County of lYorcester, for recovering monies back, paid as a tax for the Court House. February 27, 181!.

The committee of both Houses, appointed to consider the expediency of lengthening the time to any town in the county of Worcester, for refunding the money such town so paid for the purpose of building a court house, in the county of W or­ cester, according to a resolve passed the 29th day of January, 1801, with . leave to report by bill or otherwise, report the following resolve, which is submitted by . EZRA STARK\VEATHER,per order. Resolved, That the further tin1e. of two years from the first day of Mar'eh next, be, and is hereby granted to any town, or towns, in the county of Worcester, which maybe severed from the san1e within that time, and incorporated with any other county, to recover back any sums of money which have been assessed on them respectively, and paid towards a tax, g-ranted January 29, 1801, for the purpose of building a court house in \Vorcester; any thing in the original resolve to the con­ trary notwithstanding. CXXII.

Resolve to pay JVatlzaniel Coffin S55 for completing an index to the Senate Journals. February 27, 1811. Resolved, That there be allowed and paid out of the treasury of this Commonwealth to Nathaniel Coffin, the SUlll of fifty~ fi ve dollars, in full for his services for completing an index to the Senate Journals, sinc.e the adoption of the Constitution in the year 1780, agreeably to an order of the Senate. RESOLVES) February 27, 18110 13S CXXIII.

Resolve discharging the Quarter Master General of eleven thousand five hundred dollars, and making an appropria­ tion of thirteen thousand dollars for his department. February 27, 181!.

Resolved, That Anlasa Davis, Esq. Quarter Master Gen­ eral, be, and he hereby is discharged from the sum of eleven thous.md five hundred dollars, which he expended, including his salary, office rent, and clerk hire, atllounting to one thou­ sand dollars, for one year, ending the seventh day of January,. in the year of our Lord, one. thousand eight hundred and eleven, . out of the sum he has received the last year by war­ rants on the treasurer. Resolved, That the sutn of three hundred and fifty-five dol­ lars, and eighty-eight cents, be paid to the said Amasa Davis? Esq. out of the tt;easury of this Commonwealth, as the balance' of his account. ' Resolved, That the SUIn of thirteen thousand dollars, be paid to the said Quarter Master General, fronl the treasury of this Comnlonwealth, to meet the expenses of his department the ensuing year, for the application of which he is to be ~ccountable, and that his Excellency the Governor, be requested to issue his warrant on the treasury for the amount, at such period and in such sums, as his Excellency, "vith the advice of Council, Inay deem expedient for public servic~. CXXIV.

llesolve on the petition of Natlzaniel Dum.mr;r, ana' otlzersJ directing the agents ,for the sale of eastern lands, to cause a survey of ten townships of land. February 27,. 181l.

The cOffilnittee of both HOHses, to '~vhom was referred the t)etition of Nathaniel Dun1111er, and others, praying the aid of the legislature of said Comnl0nwealth in laying out a' road from the K,ennebeck river, to the north boundary of said COmmODrl wealth, in a direction to the nearest settlement on the ri ,,'el' Chaudiere, ask leave to report the folIo-wing resoh'eo Resolved, for reasons set forth in said petition, That the agents for the sale of eastern lands be, and they hereby are authorized, to survey, or cause to be surveyed, ten townshi~ of land" to be so laid out, as that the road run out by Cha-rles 154 RESOL VES, February 27, 1811.

,'rurner, jun. John l\1errick,; and Ja-lnes Stackpole, jun. Esqrs/ in tl~e year 1810, may run through said townships, the said to"vnships to extend fronl the north line of Bingham '8 'rnillion of acres, so called, to the northern boundary of this Common­ wealth, in order to provide for opening said road, the agents aforesaid are authorized and directed to ad vertise in the several newspapers printed ,in the town of Boston, that they are ready to receive proposals to effect the opening of said' road, from any person· or persons disposed to do the same~ tHe contractors ~lgreeing to fell the trees, and nlake the necessary ,bridges and causeways, and clear and make the road of suitap'le width, and convenient for travelling, for \vhich the said agents a-re authoriz­ ed to convey to the contractors in payment for said road, a pro­ portion of said townships, not exceeding one quartet of each to,\vllship, to be located under the direction of said agents. Provided, that the said contractors shall be obliged to produce satisfactory evidence to the agents aforesaid,. that they have completed said road agreeably to their contracts.; - Provided nevertheless, 'I'hat in casethe rOqd above mentioned is not completed within five years to the acceptance of the c0l11mittee for the sale of eastern lands, then this resolve to be 11 uIl and void. CXXV.

Resolve on the petiti07'l of ,P·i tt DilliJ,lgham.Pebruary2 7, 181 L

Resolved, That there be granted and paid out of the public treasury to ~:Jaid petitioner) the stun of one hundred eighty ~ eight dollars, and seventeen cents, in full of his claim for the supportand 111uintenance of Miles Ford, a state pauper. And also, the further sum of three hundre'd and eighty dollars to said Dillingham, to indemnify him ill his loss, occasioned by the destrnction of the Commol1\vealth's gaol in' Augusta by fire. i\,nd his Excellency the Governor with the advice of Council, is authorized to issue his warrant to the Treasurer of the COffitnonwealth directing hi111 to pay the Sal1le accordingly. CXXVI.

Resolve directing the Secretary to deliver to the Governor, Books and llfaps. j?ebruary '27; 1811. ..

llesolvcd, 'That the Secretary be, and he hereby is directed to deliver the Governor of the Commonwealth, for the time RESOLVES, February 28, Ull!. 1,35

l>eing for his own private and particular use, one set of the maps of Massachusetts a,nd Maine, one set of the General, and one set of the Special Laws, each 90und in three volumes, one copy of all other laws, passed since the publication of said volumes, ~ndprevious to the election of such G,overllor, one copy of all the printed Resolutions which may be fou,odin his office, also one set bound, ofall the laws of the United States, lvhich may be fouIJd in his office~ And one conlplete set of the Massachusetts Term Reports.

CXXVII.

Resolve on the petitions of John Campbell, and James Gibson. February 28, 181l.

. On the petition of John Campbell and JamesGibson, pray~ ing that they may have the privilege of purchasing two islands which they, haye settled and made improvem~nts upon for many years, situated near Deer Island, in the county of Han­ cock. Therefore, Resolved, That the agents for the sale of eastern lands be, and they are hereby authorized and empowered to sell to said John Campbell and James Gibson, or any .other person or persons, what islands remain unsold, belonging to this COIn", monwealth, within' the limits of the corporation of said Deer Island, for such consideration as the agents aforesaid may think just and reasonable. .

CXXVIII.~

Resolve directing the S~cretary to deliver plans, papers, ~c. to the Agents' for the sale if Eastern lands. FebruG,ry 28, 1.811. .

Resolved, That the secretary of this Commonwealth be, and he hereby is directed to deliver to the agents for the sale-of eastern lands, all the plans, papers, copies of deeds, and other documents concerning the Commonwealth's lands in the Dis­ trict of Maine j and the agents aforesaid, are directed to receive the same and place them on thei( files. for the llse of the' Come monwealth. 19 136~ RESOL VE~, F'ebruary 28, :1811.:

CXXIX/.

Re$()/ve on the petitionoflJariiel' Hill. Fehruary:28, 181 L

The comtpittee' on the subject of eastern lands to whom was referrec;l the petition of Daniel liilI, that he 'may be quieted in' the possession of a lot of land in township: number five on Schoodic river, report the following resolve." .\ Resolved, That the agents for the sale of eastern lands be, and they hereby are directed tq, cause said lot to be surveyed at the expense of said Hill; t>r'hisassigns, and to quitclaim all right" title, and interest, which t}.1e said Commonwealth h~l.s to said lot, on the said Daniel Hill, his heirs, or assigns,\paying five dollars with interest, from the 25th June, 1790, to said agents, and the tre~~urer of this Gom·monwealth is dir~cted to pay to the pr9ptietor~ of said township 'number five, slich sum of luoney as appears to have been paid for said lot by said pro­ prietors, with the int~rest thereon, fronl the time the ,said town- ship was purchased by thenl. • . . .

Resol1,Jefor removing prisoners from the County if TYashington ,. to Augusta .. . February 28, 1811. .

Upon the representation of John Bbrgin, Esq. and others, magistrates in the county of Washington, that 'Ebenezer Ball is charged with the crime of murder, alleged to have been comnlitted in the county' of Washington ;-and that Peter Berry and Frederick Gray are also charged \vith crimes alleged to have been committed in that county; and praying that meas-: Ul'es may be taken for their, safecustocly, the.jail in'that cOUllty being insufficient therefor. Resolved, That the Sheriff of .the county of \Vashington be, and be hereby is authorized and required forthwith to'remove the said Ebenezer Ball, and the said Peter Berry, and the said Frederick {Jray, to the town of Augllsta, in thG! county of K.en-i nebeck, and deliver the same persons to the sheriff of the county of Kennebeck ;. and the sheriff of the Jast mentioned ~ounty is hereby required to re~eive the said B;all, Berry, and Gray~ and them safely keep untIl they shall be discharged by due Qrder -of law; and for the purpose of safely keeping the said. RESOL YES, February 28, 181 L

Ball, Berry, and Gray, the sheriff of,Kennebeck is ~ereby au~ thorized and empowered to employ a suitable guard;' if nect:S~ sary. CXXXI.

.llesolve; on thepetilion of .los~p1zTirrell, directing tIle Treasurer , to~ssue a llf1W S~ate not~"forone lpst. ,February 28, 181!. , Ontl1c petition'oflD~eph 1"lrriIl, ;pray~ng,th~t the Treasurer of thi~ Commonwealt~ 'nlay be utlthorized to issue a: new State note, to reptaceone which has been lost by hilTI. ' ' " Resolved. for the reason!;)"set fortl1in said petitiOll,That the, Treasurer'of this,Commonwealth' be, and he hereby is directed t() ,ispue a. new: St~te note in tqe name of the said Joseph ''tifriU, of the ,satne. sum, tenor, and, 'dat,e, of the one lost by him, which ,vas dated ill' April, one thousand seven hundred and ninetynsix, for the suni'oftwe,nty-three dollars and sixty-two cents, and on i~teI1est,; at. five per cent, fr;om J t1!y the first, one thousand seven hundred and ninety-four, on whIch note the interest has been. paid for five 'Years, he, the said Tirrill, first giving bonds with sufficient sUl~eties ~to the Treasurer of this C0l111TIonwealth, pay'" able tohiln or 'his successor in that office, to indemnify and save harmless this Commonwealth from any demand or dam-­ ages whatever, which may arise frOln the renewal of said note. CXXXII.

Resolve on the petition oflohn Rowe and others. Pebruary 28, 181l.

On the petition of John Rowe and others, praying th:;\t they may have liberty to extend their wharf a few feet into the chan., nel, in the harbour of Boston. Resolved, for the reasons set forth in their petition, That the said John Rowe and others be;and they are hereby authorized and permitted, in repairing said wharf, to extend the same from the north corner thereof, as it now stands, twenty feet; and from the south corrier thereof, as it now stands~ fifteen feet~ further into the channel. Provided, That part of the wharf, sO to be extended into the channel, be built wholly with stone;to high water markft 138 RESOLVES, Februaty 28, Ulll. CXXXIII. Resolve on the petition of William Tudor,' Esquire. ' February 28, 1811.

Whereas, William Tudor, Esq. late Secretary of this Comd monw~alth, has represented to this court, that during the two years of his serving in the said office, from June one thousand eight hundred and eight, to June. last; he received in fees of said office, ele\'eri huridr'ed al1d thirteen dollars and forty-eight cents; which sum he~has ,m,ade, application might be adjusted. f.rherefore, '..,' Resolved, That considering the statement made of the extra services performed by said' William Tudor, E~q. While Secre;.. tary of this Commonwealth, that he be allowed to retain the sunl of one thousand dollars of the' money now remaining in his hands as a compensation forsaid services' and that upoll the payment of one hundred thirteen dollars, fortyeight'cents, into the treasury of this Commonw~a1th, he be, and'pehereby is' discharged fr01n all demands of the Commonwca1th against him, for fees received by him as Secretary as aforesaid, for the two years he served in that office, ending June la.'st. CXXXIV.

Resolve for stay of Execution against the sureties of the lat~ Treasurer Skin'ner. P'e6ruary 28, 1811. '

UpOll the petition of Thnothy Childs, Esq. and others, SUI'e~ ties of Thompson J. Skinner, deceased, late Treasurer of the COffilnonwealth, for the first year of sajd Skinner'soffice, pray­ ing that executions upon such judgments as nlay be rendered against theIn, may be further stayed. , Resolved, for reasons set .forth if} said petition, That the Sa~ licitor General be, and he is hereby authorized and directed to consent to the continuance of the several actions against the said petitioners, for judgment, from term to term, un,tii Mareh ternl of the Supreme Judicial Court, which will be held at Boston, in and for the county of Suffolk, on the second T'ues­ day of March, which will be in the year of ou'r Lord one thou­ 'sand eight hundred and twelve. Provided, The! petitioners shall first pay to the Solicitor General the su ril of fi ve hundred dollars, towards defraying the costs and expenses of the suits R,~SOL VES, February 28, 1811~ IS!)

against said petitioners; And provided also, That saicl petition;, ers shall first give sufficient collateral security to the Commons wealth to the satisfaction and acceptance of the said Solicitor General, and of the Treasurer of the Commotnvealth, to pay into the treasury of the Commonwealth the sum of ten thousand dollars, and also all the interest upon the whole sum due the Commonwealth from the estate of said 'fhompson J. Skin .. ner and his sureties; said last mentioned sum and interest to be secured and paid as aforesaid, at two, four, and six lllonths from the day on which the continuances in the aforesaid actions shall be entered of record, and when paid, to be in part dis~ charge to the amount thereof, of the sum for which judgment is finally to be rendered against the said petitioners. Provided also, That nothing herein contained, shall be con ... 'strued to effect or invalidate the attachments already made upon the property of the petitioners in the actions aforesaid. , CXXXV.,

Resolve for allowa1,lce to Joseph Balch, for services in the Sec. retary's office, .s190. February 28, 181!.

On the petition of Benjamin Romans, Secretary of the Corn. monwealth of Massachusetts, praying for an allowance to Jo~ seph Balch, for his service in recording the proceedings of the Provincial Congress, in the year 1774 and 1775. Resolved, for reasons set forth in said petition, That there be allowed and paid out of the treasury of this Commonwealth to Joseph Balch, the' sum of one hundred and ninety dollars, ill . full for said service. ·And his Excellency the Governor, by and with the consent of Council, is hereby requested to draw his warrant on the treasury for the same, when he shall have evidence that the said records are completed.

CXXXVI.

Resolve directing tlze Attorney or Solicitor General to commence and .prosecute a suit against Joseph Thomas arrd others. February 28, 1811.

Resolved, That the Attorney or Solicitor General be directed I

to commence and prosecute, to final judgment and execution j , a suit against Josel)h Thomas and others, petitioners for. a turn- RESOL VES,February 28, 1811~

pike ftom, Plymoltth to 'Queen ,Ann's cOf:ner, in Hingham, t~ recover the account of the court.'s eomluittee, for: their troubl~ and e.~penses in viewing the ground propo~e;d;fol~ said road, in cOilfQrtnity to, the direction of the legislature ,ofthis.~omlnon .., \vealth.

Resolve confir~i12g the doings of Calvin C~om6ie, adfJzinistrator on William Crombie, Jun' rs ~ estate.' Febrttary28, 181l.

On the petition' of Calvin Crombie,administrator on the estate of William Crombie, jun. deceased, la~eof rlymollth in the county of Plymouth., ,', Resolved, for reasons set forth in the said petition, That the doings of the said Calvin Crombie, as administrator on the estate of Willimn Crombie, jun. deceased, lafe of Plymouth ill the county of Plynl0uth, be, and hereby are confirmed and made valid, and the conveyance of the estate of the said \Villiam, by the said Calvin, shall be as good ,and valid in. law, . to all intents and purposes, as if the administrator had, previous to the time of the sale of the real estate of said deceased, given bonds to ~he Judge of Probate for said county, as are required by laW' In such cases. . CXXXVIII.

.Resolve directing the Courts of Common Pleas in the several . counties, to appoint Commissioners to settle the county Trea6·· urer's accounts. February 28, 1811.

Zlesolved, That the Justices of the Courts of COlnrnon Pleas ~in the several counties of this Common wealth,: at the ter~ of said court holden next after receiving notice of this resolve, be directed to appoint three comlnissioners, whose duty it shall be to examine and audit the accounts of the 1~reasurer of such county for such length of time as they shall think proper, so far. as lnay relate to any monies received by them for the use of the Commonwealth; and to nlake report thereon to the said Courts of Comlnon Pleas, as soon as may· be. And the said justices are hereby authorized and empowered to direct the said conllnissioners, in like manner, to examine and report upon th~ accOllnts of any person, who has been Treasurer of said RES0L VES,Febtu~ry 28, 1811. 141

,countyr. Ane1 the clerks of said. courts are hereby directed to make out a·,certified copy. of the report of said commissioners and transnlit the same to the Secrt!!tary of this CommoBwealth;, that the same may be laid before the legislature. And the said commissioners are hereby authorized and empowered to send for persons and papers. Resolved, That the Secretary of this Commonwealth be dj~ rected to trailsmit a copy of the foregoingresolv,e, as soon as may be, to the clerks of the Courts of Common Pleas in each county in' this Comn1onwealth.. ' CXXXIX.

Resolve granting one hundred dollars to Jacob,Kuhn. I . February 28, 1811.

Resolved, That there be allowed and paid out of the public treasury to Jacob Kuhn, messenger of the General Court, the sum of one hundred dollars, which, with the sllln allowed hinl by a resolve of the 15th of J uhe last, shall be in full for his ser.. vices for the present year, ending the thirtieth day of May next..

CXL.

Resolve on the petition of Samuel Swan, Esq. February 2tl, 1811.

Whereas a board of commissioners were appoiqted by the legislature of this Commonwealth, in March last, to settle the lottery accounts with the lnanagers of the Amoskeag Canal Lottery, and said board were directed to report the balance of each manager's account to the Solicitor General, and he to coli lect such balanc~s as should be so reported due to the lottery, and place the same in the treasury of said COlnmonwealth; but no provision is therein made for the Treasurer to pay any man.. ager who shall be reported by said board to be creditor of said lottery. And whereas,. said board of commissioners did find and re~ port a greater balance due from said lottery unto Samuel Swan, Esq. one of said Inanagers, than they repo,rted against the other managers. Therefore, Resolved, That the rrreasurer of said COlnmonwealth be, and he is hereby directed to pay what money he shall receive of the 142 RESOL VES."February 28, 1811.

Solicitor General as aforesaid,: unto said Samuel Swan, Esq. taking his.receipt therefor, toward the balance already reporteCl by said commissioners due to. him .from said lottery .. CXLI.

_Resolve authorizing the' Governor to appointcommissibners to the Penobscot Indians. Februarg28,\ 181l.

Resolved, rrhat his Excellency the Governor, with the advice and consent of Council, be, and he hereby is authorized to non1i~ate and appoint one or more suitable persons, not exceed. ing three, as a board of comnlissioners to induce the Penobscot tribe of Indians to cultivate. their lands, teach them the arts of husbandry, supply them with farming, utensils, and use such other measures as they may consider expedient to ameliorate the condition of said tribe. Be itfurther resolved, That there be paid out of the treasury' of this Commonwealth, to said .comn1issioners, five hundred dollars, to be applied by them to the purposes aforesaid. And his Excellency the Governor is hereby requested to draw his warrant on the Treasurer for the same. CXLII.

Resolve making an app,ropriationfor theStatcPrison, o/'SlO.,QOO February 28, 1811. .

Resolved, That his Excellency the Governor, by and with the advice of Council, be, and he is hereby authorized to draw w'arrants upon the Treasurer of this Comnlonwealth, in fa­ vour of the superintendent of the State's Prison for such sums, at such periods as may be deemed expedient by the Governor and Counc,il, not exceeding ten thousand dollars, to enable said superintendent to perform his contract and defray the expenses of said prison, the present year;, he to be accountable for the same. RESOLVES, February 28; 1811. CXLIIJ.

Resolve in favour ofJosiah Dwight, Esq. Z,'ebruary 28, 1811.

Resolved, That there be allowed and paid out of the treasury of this Commonwealth the sum. of fifty dollars to JOdlah Dwight, Esq. late Treasurer of this Commonwealth, in full for time, service, expenses, and travel, in adjusting and settling his ac.,. counts as such 1"'reasurer, with the committee of the General Court; and his Excellency the Governor is hereby requested to draw his warrant on the Treasurer for the sun1 aforesaid.

CXLI\T.

Resolve on the petition of Eliz·abeth Trask. February 28, 181 L

On the petition of Elizabeth Trask, late of Northport, in the county of Hancock, praying for an indemnificativn for her trouble and expenses in boarding, nursing, and furnishing with necessary supplies, Thomas Eustis, a poor foreigner, from January 26th to March 16th 1810.. Resolved, for reasons set forth in said petition, There be allowed and paid out of the public treasury to the said ~Eliza~ beth Trask, the sum of one hundred and nine dollars and eig'h­ "teen cents, in full for her said trouble and expenses. CXLV.

Resolve for paying the committee appointed to make and report . (t Tax Bill. February 28, 1811.

Resolved, That there be allowed and paid out of the public treasury to the committee "",ho were appointed to luake and report a Tax Bill the present session of the General Court, for . their services, the sums annexed to their names respectively~ in addition to their pay as members of the Legislature, viz ~ Benjamin Greene-five days, five dollars. Nathan Fisher-five days, five dollars. Silas Ho]mHn~ten days, ten dolhtrs.

20 144 RESO;LVES, 'March 12, 1811. CXLVI.

Resolve grantil1g compensation to Bradish Biflings atld otherS'~ for summoning witnesses bifore the Committee of Elections. February 28, 181!.

Resolved, That there be allowed and paid out of the treasury of this Commonwealth, to Bradish Billings, twenty-three dbl­ lars, to George Jackson, twenty-four dollars and thirty cents, to Moses 1-'hayer, ten dollars and eighty cents, to Levi Joy, ten dollars and eighty cents, and to Benjamin Leeds, ten dollars and eighty cents, for summoning witnesses before the com­ mittee of elections, and that his Excellency the Governor be, and he is hereby authorized to draw his warrant on the treasury for the payment of the several persons before named, respect­ ively. CXLVII.

Resolve granting .860 to Thomas Irallcut, for extra writing in the Recess. February 28, 181!.

Resolved, That sixty dollars be granted and paid out of the public treasury, to Thomas vVallcut, in full for writing done for the House of Representatives, in the recess of the Legisla~ ture, according to his account herewith exhibited.

CXLVIII.

Resolve 071 the petition of Samson IVoods, authorizing" thc' Attorney General to difend him against the claims of James l.llartin. lI£arc/z 12, 1811.

On the petition of San1son Woods, administrator on the estate of Henry VVoods, late of Pepperell, in the county of Middle­ sex, Esq. deceased, praying for the assistance of this Common­ wealth, in defence of certain suits brought by James ,l\lartin, to recover possession of certain lands in 'rownshend, in said county, ,vhich were conveyed by this COffilTIOnwealth to the said Henry Woods, in his life time with warranty. Resolved, for reasons set forth in said petition, That the Attorney General of this COlnmonwealth be, and he hereby is. authorized to appear on behalf of said Commonwealth, in all RESOL YES, March 12, 1811. 14.5 the suits now. depending in the county of l\1iddlesex, brought by the said J mnes Martin against said Samson 'iV oods and others, claiming under the said HenryvVoods respectively, for the recovery of parts of said lands, conveyed to said l-Ienry Woods, as aforesaid, and to exalnine into the title of said Jalnes Martin to said lands. And the said Attorney General is hereby authorized and required, if he shall think it expe~ drent, to defend against the claim of the said Martin, and to substitute any other person or persons to do and transact the said business in his stead, or any Inatter or thing thereto apper~ taining, at his discretion. And it is further resolved, That his Excellency the Gover­ nor, by and with the advice and consent of the Honourable Council, be, and he hereby is authorized and requested to issue his warrant on the treasury, for such sum, not exceeding three hundred dollars, as the said f\ttorney General shall apply for, to defray the necessary expenses of any of the services hereby required, for which sum he is to be accountable. CXLIX,

Resolve on the petition of Lemuel Petts, authorizing the Attorney General to defend him against the claim if James

Martin. March 12, 1811. I

On the petition of Lemuel Petts" praying for the assistance of the Comnlonwealth, in defence of certain suits brought 'by James Martin to recover possession of certain lands in 1'owns.. hend, in the county of Middlesex, which were conveyed by the Conlmonwealth to the said Petts, with warranty. Resolved, for reasons set forth in said petition, That the Attorney General of this Comlllonwealth be, and he ,hereby is authorized to appear on behalf of this Commonwealth, in the -suits now depending in the county of Middlesex, brought by the said James Martin, against the said Lemuel Petts and others, claiming under him respectively, for the recovery of parts of said lanels, conveyed to the said Petts, as aforesaid, and to examine into the title of said Martin to said lands. And the said Attorney General is hereby authorized and required, if he shall think it expedient, to defend against the claim of the said Martin to said lands, and to substitute any other person or persons to do and transact the said business in his stead, or any matter or thing thereto si appertaining, at his discretion. 146 RESOLVES, March 12, 1811.

And it is further .resolved, ~rhat his Excellency the Gover­ il0r, by and with the advice and consent ·of the Honourable Council, be, and hereby is authorized and requested to issue his warrant on the treasury, for such sum not exceeding two hundred dollars, as the said Attorney General shall apply for, to defray the necessary expenses of any of the services hereby required, for which sunl he is to be accountable. llESOLVES, February 27, 1811 .. 147

ROLL -No. 64 .... February, 1811.

'T'H E Committee on accounts having examined the several accounts they now present, REPORT, That there are due to the corporations and persons hereafter mentioned, the sums set. to their names respectively; which, when allowed and paid, will be in full discharge of the said accounts to the several dates therein Inel1~ tioned; which is respectfully submitted. NATHAN vVILLIS, Per Order.

PAUPER ACCOUJVTS. Town of Abington, for boarding and clothing "fhOlnas Seymore to 2fJth January, 1811, £45 50 Adams, for boarding, clothing, and doctoring }i'ree­ rnan Blakeley, Anna Warren, Susanna Camp, and Dailey's two children, to the 9th of January, 1811, and Abiah Whitman to the time she left the town, 160 33 .,.I\ttleborough, for supplies for Elizabeth Taylor and daughter to 3d January, 1811, John Combs and David Simpson's wife to the time of their leaving the Conlmonwealth. 59 61 Andover, for boarding, clothing, and doctoring Patrick Kallahan and Joseph Lumlners to February 1st, 1811, and WilliaIIl Richardson to the time he left the town, 143 62 ~;'\dams Sam uel~ for doctoring sundry state paupers in Wiscasset Gaol to February 1, 1811, 55 2 Boston, Board of Health, for su pplies of wood, and repairing the boat, for the llse of the Hospital, at Rainsford's Island, to 18th February, 1811, 138 70 Bowdoin, for clothing, nursing, and doctoring Eleanor Whitcomb and child to the tilne she left the town, 21 Buckstown, for boarding, clothing, and doctoring George Clarkson, until he left the Commonwealth, 39 57 Baldwin, for boarding Daniel Hickey to 1st January, 1811, . 36 30 ~ridgewater, for boarding and clothing sundry pau- pers to February 21, 1811, including funeral ~_harges-for Michael Ryan, 156 40 148 RESOLVES, February 27, 1811.

Bristol, for boarding and doctoring loa Lewis to to the time of his death, including funeral charges, S10 66. Brimfield, for boarding, clothing, and doctoring John Christian to 28thlanuary, 1811. 50 85 Brookfield, for boarding, clothing, and doctoring' George Baslingtol1 to 1st February, 1811, and Thomas Boyd and David Smith to the time of their death, including funeral charges, 96 97 Barnardston, for boarding and clothing Oliver Stevens to Vi.th January, 1181, 33 60 Billerica, for boarding, clothing, and doctoring Mi .. chael 'Taylor to 12th February, 1811, and William, Love and wife to the time of their death, incl~ding funerEtl charges, 228 50 Becket, for boarding, clothing, and doctoring Sally Leonard and I-liram Leonard to 5th February, 1811. 74 Bradford Samuel, sheriff of the county of Suffolk, for supporting poor debtors in gaol, to 6th .Feb. 1811, 505 93 Brookline, for supporting' Jacob Harvey 'to' 15th Februarv, 1811, 64 10 Beverly, for boarding, clothing, and doctoring sundry paupers to 1st :February, 1811, 602 77 Blandford, for boarding and clothing Samuel "\Valker to 1st February, 1811,' 37 55 Boston, f6r boarding and clothing sundrypal.1,pers to 1st Decetnber, 1810,' 6348 69 Boston, Board of Health, for boarding, nursing, and . doctori~g sundry paupers on Rainsford's Island to 12th January, 1811, 331 S Bradford, for boarding and doctoring WillimTI Kelley, and for renloving him out of the Commonwealth, 35 Cheshire, for boarding and clothing Sally Cooper, and supplies for Alfred Joice, to 9th January, 1811, 47 45 Carlisle, for boarding and clothing Robert Barber to 20th January, 1811, 50 80 Chelmsford~ for boarding, clothing, and doctoring Catherine M'Clenny to 1st January, 1811, 45 50 Cape Elizabeth, for boarding Abraham Bricks and Jalnes Ramsbottomto 8th January, 1811, 90 75 Clarksburgh, for boarding and clothing Abiah Whit- man to 28th January, 1811, 16 10 Columbia, for boarding and nursing Robert 1\1artin to the time ~f his death, including funeral charges, 71 'RESOL VES,Febrllary 27, 1811. 149

Charlton, for boarding, clothing, and doctoring , Edward l\1addon to 1st January, 1811, $654;0 Colerain, for boarding, clothing, and doctoring Sally LanlOneer and Polly Gardner's two children to 21st January, 1811, 98 2 Cambridge, for boarding; clothing, and doctoring Jalnes Barker and John Wilkins to 27th January, 1811, Jura Crofts, Joanna Christian, Elizabeth Romain,'AbeFKingsbury, Mary Randall, and John Whiting, till they left said town, and Joseph Davis, Joseph Scott, Charles Crane, Calvin Shead and Moses B. Merrick, poor debtors in gaol. 2772G Charlestown, for boarding, clothing, and nursing sundry paupers, to lIth February, 1811, ' 144 75 Concord, for boarding, clothing and doctoring George Black to 15th August, 1810, Case, a black man, to lith February, 1811, Francis Legross to the tirrle of his, death, including funeral charges, ThOInas Harvey, Joseph Dakin, Joshua L. Cozzens, Asahel Page, Jack Williams, and Brown Smith, poor debt. ors in gaol, 140 27 Cushing, for boarding and clothing James Walker to 2d February, 1811, 9 90 Dedham, for boarding, clothing, and doctoring Rob­ ert Clew to 5th l\1arch, 1810, and Eleanor Carrol to the time of her death, including funeral charges, 64 Deerfield, for supplies to George Roberts to 23d Jan­ uary 1811, 21 16 Dogget Samuel, keeper of the gaol in Dedhaln, for boarding and clothing Janles Hatchel, a lunatic, and Azor Cogswell to 3d February, 1811, 122 30 Douglas,.for boarding, clothing and doctoring Betsey Trifle to 5th February, 181l. ; 60 80 Danvers, for boarding, clothing, and doctoring sundry paupers to 5th February, 1811. 524 22 Dlll1stable, for boarding, clothing, and doctoring l\tlar­ garetta Lane to 10th February, 1811, 68 Dracut, for boarding and clothing Lucy Jaquith, and , supplies and doctoring Richard Baker, to 11th Feb­ ruary, 1811, 116 95 Dorchester, for boarding and clothing John Hardson and Lydia W YOlan's child to 3d February, 1811, 65 60 150 RESOLVES,February 27, 181L

D'over, district, for boarding, clothing, and, doctorin~ , Daniel "Vaters to 13th January, 1811, SlIB SO Deblois George, keeper of the Alms House in Bos,. ton, to 1st December, 1810, 413 55 Egrelnont, for boarding and clothing Mary, Eliza- beth, Joseph, and Benjamin Dailey, and Benjamin . Randal,to 14th January; 1811, :3<:)9 84 Eastport, for boarding and doctoring Robert Hop- kins and Elisha Nevers to the time they left the COlnnl0nwealth, . 88 16 Edgarton, for boarding and clothing Anthony Chad- wick to 23d January, 1811, 73 75 EdgcOlnb, for boarding and doctoring Archibald CmnpbeU to the tinle he left the Commonwealth~ 33 Easton, for supporting and doctoring Ed ward John. son to the time of his death, iQcluding funeral charges, 38 74 Easthampton, for boarding John. Hall to 6th Feb. 1811, 36 Fayette, for boarding, clothing, and doctoring WIl- lianl G. Martin to 1st January, 1811, 62 57 Falmouth, in the county of Barnstable" for boarding , and clothing Ed",vard Edwards t.o19th Jan. 1811, 26 Franlingham, for boarding and clothing, Hugh Mac Pherson to 2d February, 1811, 58 85 Falmouth, in the county of Cumberland, for boarding, clothing, and doctoring John Goodale and Felix Sang to 1st January, 18! 1, 200 8 Gorham, for boarding and clothing Robert Gelfilling to 1st February, 1811, 78 Groton, for boarding, clothing, and doctoring John C., W right and wife, widow Bentrodt, Willia~n La- pier and wife,and Elisha Hoit, to 10th Janury,1811, 440 54 Greenwich, for boarding, clothing, and doctoring John I-Io\vard, \Villialn Rice, Elizabeth Harrington, John Bailey and wife, Jonathan Bailey and family, and JaInes Bailey, to 14th January, 1811, includ­ ing funeral charges for John Bailey's. wife, and Lot Lee to the tinle he left the Commonwealth, 214 62 Granby, for boarding', clothing, and doctoring Ebene- zer Darwin to 28th January, 1811, 60 94, ,Gill, for boarding, clothing', and doctoring Sarah Ham- bleton, and Samuel Lyon and \Y1fe, to 25th Jan- lwry, 1811, 119 26 RESOLVES, February 27, 1811. :15·1

Great Barrington, for boarding, and clothing Isaac Catherine and Mary Hoose, John \Vhitter, Clarissa Lindsay and Anna Rathbone,to 26th January, 1811, $230 82 Greenfield, for boarding-, clothing, and doctoring Eunice· Converse and' Nabby Lamonier to 22d January, 1811, 128 63 Glollcester, for boarding, clothing, and doctoring- sundry paupers to 10th November, 1810, 84.5 'Granville, for boarding and clothing George Taylor and Archibald Stewart to 1st January, 1811, 109 37 Hinsdale, for boarding, clothing, and doctoring- SarnA uel J. Robinson and family to 15th January, 1811, 13 19 Hancock, for boarding and clothing Rebecca Osborne to 15th January, 1811. . 39 88 Hudson John, under keeper of the gaol in Salem, for boarding sundry poor debtors confined in gaol for debt, to 7th January, 1811, 372 16 Hodgkins Joseph, keeper of the house of correction in Ipswich, for boarding and clothing Mary Ade~ laid, black woman, Huldah Hicks, John Squires, James Cahoon, and Josiah Bennington, to 31st January, 1811. 264 60 Hadley, for supplies and doctoring Friday and wife to 31st December, 1811, and Mary Andross to the the tinle 6f her death, including funeral charges, 95 98 Hallowell, for boarding, clothing, and doctoring Ra. . chel Cummings, Lois and Alnlira Powers, James Caruth, Judith Davis and three children, to 16th January, 1811, and Rachel Powers to the time of . her death, including funeral charges, 4.23 80 Haverhill, for boarding, clothing, and doctoring 'ViI. liam rrapley, Henry Spoilet, and Samuel Emmer- son, to 1st January, 1811, 181 15 Ipswich, for boarding, clothing and doctoring John Obrian, Thomas Tool, Peter .A.lston, and Daniel Galligen, to 1st February, 1811, 187 50 Kittery, for boarding and clothing Sarah Perkins,- Deborah Perkins and child, to 1st Janury, 1811, 117 Little Moses, for doctoring State prisoners ccmfincd in Salem gaol, to 1st January, 1811, 20 Lenox, fot boarding and clothing Abraham Palmer and Silnon Hanchet to 12th JanuSlry, 1811, .54 18 21 152 RESOLVES, February 27, 181L

Lincolnville, for boarding and clothing Timothy Cox and Alexander White to 10th January, 1811, g110 80 Limington, for boarding and clothing J Ohll Orian to 1st January, 1811, 67 60 Lunenburgh, for boarding and clothing Felix 1'001 to 25th January, 1811, 56 13 Leyden, for boarding-, clo,thing, and doctoring Jedi. diah Fuller and wife, Ruth Able; and Elizabeth Waggoner, to 20th January, 1811, 106 58 Lee, for supplies and doctoring Jonathan Blackluan and wife to 29th January, 1811, 41 68 Lancaster, for boarding and clothing William Shearer, James Castor, and Abigail Phelps, to 7th January, 1811, . 102 Leicester, for boarding and doctoring Lydia Dunham, including her funeral charges, 39 81 Litchfield, for boarding and clothing Daniel Howard and wife, and Frederick Howard, to 1st February, 1811, 104 50 Lynn, for boarding, clothing, and doctoring John Bat. tis, Nancy Carter and child, Josiah Miller and wife, John Lahoo, Josiah Chase, Sally 'Vilkins, to 8th February, 1811, James M'Gawen, and ~any Wil­ kins' child to the time of their death, including fu- neral charg~s, ,586 67 Lincoln, for boarding and clothing Thomas Pocock to 8th }-'ebruary, 18lL 86 55 Littleton, for boarding and c1othin.g John Putnam to 13th February, 1811, 101 Manchester, for boarding and c1othingThomasDoug- las to 2d Febl~uary, 181], 71 75 Mount Vernon, for boarding' and clothing David Bas- ford to 11th January, 1811, 96 98 Med\vay, for doctoring Eliud Patch to the tin1e of his leaving the COlnmonwealth, 20 54 Milton, for boarding and clothing sundry paupers to 16th Februurv, 1811 154 80 IVIachias, for bo~rding, clothing, and doctoring J Ohl1 Gardner to 25th Decclnl1er, 1810, and Owen Clan~ cey to the time he left said town, 257 9.j }\iethuen, for supplies and doctoring Thomas Pall to 1st January, 1811, 85 RESOLVES, February 27, 1811. 153

Marblehead, for boarding,clothing and doctoring, sun· dry paupers to 6th February, 1811, S739 83 Manningrrhomas, for doctoring James Cahoon in the House of Correction at Ipswich to 3d February) 1811, - 16 80 Marshfield, for boarding and clothing Phillis rv1itchell to 15th May, 1810, . 67 60 New Bedford, for boarding and clothing Peter Con- ner, John .i\Jmy and'two children, Willianl Mac- kay, Irene Willis, to 18th January, 1811, 157 24 North Yarmouth, for boarding, clothing, and doctor. ing William Elwell and Willianl Campbell to 1st January, 1811, 114 82 New l\1arlborough, for boarding and doctoring David Gardner and Jane Peters to 16th January, 1811; 29 4 Northfield, for boarding, clothing, and doctoring Richard Kingsbury to 25th January, 1811, 78 75 Newbury, for boarding, clothing, and doctoring sun- dry paupers to 1st January, 1811, 1224 55 Newburyport, for' boarding, clothing, and doctoring sundry paupers to January 1st, 1811, 1413 4 Northampton, for boarding, clothing, and doctoring ,\ViUiam Welsh, Caro!ine Robbins to 1st February, 1811, Elizabeth Davis, Andrew Severen, Lemuel / Calver and family, and supplies to John Sax to 1st May 1810, and James Barry to the time of his death, including funeral charges 349 3 New Gloucester, for boarding and clothing Joseph Gregory and John May to lIth February, 1811. 96 54 Nantucket, for boarding, clothing, and doctor.ing J ames Plato and Eleanor Jones, including funeral charges, 102 40 Oxford, for boarding, clothing, and doctoring Catha- rine Jordan to 1st January, 1811, 67 00 Peru, for supporting and doctoring James Robbins and family to 16th January, 1811,· 107 60 Penobscot, for boarding and clothing ThOlnas Slack to 22d Decelnber, 1810, 31 66 Portland, for boarding, clothing, and doctoring sun- dry paupers, to 1st January, 1811, 1414 41 Pittsfield, for boarding, clothing, and doctoring Peter Huen, Jonathan Spear, William H. Clark, and Elisha Austen t,o 22d January, and Polly Thurston 154 RESOL YES, February 27, 1811.

to 3d February, 1811, Charle~ Bailey to the time of his death, including funeral charges, 8201 90" Palmer, for boarding, clothing, and doctorit)g William l\1endon and wife to 5th January, 1811, .' 136 51 Quincy, fot boarding, clothing, and doctoring Wm. 01ephandto 6th February, 1811, 77 47' Rowley, for boarding and clothing Ella Collins to lot January, 1811, 56 80 Rehobeth, for boarding, clothing, and doctoring Elizabeth Crosby, and. Leaf Mason and child, to 30th January, 1811, 138 16 Russell, for supplies to John Newton and wife until he left said town, 7 42 Rutland, for boarding, clothing, and doctoring Wm. Henderson, John Cowling, and Boswell Farrar to 20th January, 1811, and the wife of William to the tirne of her death, including funeral charges, 262 77 Rowe, for bmlrding and clothing Betsey Carpenter to 30th January, 1811, 18 Roxbury, for boarding, clothing, and doctoring sun- dry paupers to 3d January, 1811,' 336 29 Reading, for boarding, clothing, and doctoring- SalTI- uel Bancroft and ThOlnas Grant to 25th January, 1811, 217 69 South Hadley, for supplies and doctoring Peter Pen- dergrass to 6th January, 1811, 71 16 Swansey, for boarding, clothing and doctoring ThOln~ as Colony to 18th January, 1811, and Priscilla Washunks to the time of her death, including fu- neral charges, 91 81 Stockbridge, for boarding and clothing Marcy Doud, Sarah Hosford, Jeremiah Elk)', and Celia Pitt, to 5th December, 1811, 175 40 Saco, for boarding and doctoring John Dunham to 22d January,1811, and James Bonnit and George Dolby to the time of their death, including funeral charges, 62 63 Sherburne, for boarding, clothing, and doctoring Ben- jamin I-Ioughton to 29th January, 1811, 56 Shrewsbury, for boarding clothing, and doctoring Stephen Jones, Sally Taylor and two children, to . '25th January, 1811, 56 12 Sturbridge, for supplies to James Basston to 24th January, I8l1,} 43 12 RESOLVES, February ~1, l8lL 155

Salen1, for board~ng clothing and doctoring sundry paupers to 6th January, 1~11, 81313 25 Sandisfield, for boarding,·. clothing, and doctoring Elizabeth Dand0, Richard Dickson, Mary Rogers, Theodore Murphet and child, to 14th January, ~ 16 6 Sheffield, for boarding and doctoring Abraham Hom­ ister to the time he left the Commonwealth, Wil­ limn Magee, and Guy, a negro, to the time of their death, including the funeral charges, 166 93 Somerset, for boarding and clothing \Villiam Elliot to 1st January, 1811, 48 48 Sandwich, for boarding and clothing Richard Granch to 13th January, 1811, 38 80 Sidney, for boarding and clothing Henry Lyons to 2d January, 1811, 26 8 Sharon, for boarding and clothing Stephen Hood to 21st January, 1811, 100 57 Sudbury, for boarding and clothing John 'Vrighton to 12th ,February, 1811, 72 40 Standish, for boarding and clothing- Ellis Noble to 6th January, 1811, 68 25 Shirley, for supplies for Roderick M'Kensy and wife and Samuel Cox, to 29th January, 1811, 130 16 Southwick, for boarding and clothing George Reed to 1st January, 1811, 81 16 St. George, for boarding and clothinf Robert Hawes, Eleanor Matthews, and William Benson, to 3d February, 1811, 85 75 Sterling, for boarding, clothing, and doctoring J 9hn Pike ahd Joseph Hyde to the time of their death, including fimeral charges, 86 78 Tyringham, for boarding, clothing, and doctoring Ralph "Vay to 1st January, 1811,· 60 33 Taunton~ for boarding, clothing, and doctoring Ed­ mund Shores, Emanuel Disnos, Hannah Goffe, and Robert VVilson, to 27th 1810, house rent for John Shores to the same time, Henry Ash to the time of his death, including funeral charges, an,d Seat Fuller, and Charles PInkney, poor prison- ers, in g~ol, for debt, 304 80 Topsham, for boarding, clothing, and doctoring Wil. lianl Proctor to 28th January, 1811, 62 75 Vassalborough, for boarding, clothing, and doctoring 156,' RESOLVES, February 27, 1811.

, James Leister and Abigail Fmrbrother to 31st January, 1811, . $103 32 Ward, for boarding, clothing, and, doctoring John Clark, and rellloving him out of the Common- wealth, 7 25 Wrentham, for boarding, clothing, and doctoring Patrick Smith to 24th January, 1811, ' 6 West Stockbtidge, for boarding and clothing Lucy Lane to January, 1811, and Salnuel Vanoselen until he left the town, 84 31 Westfield, for supplies to John Newton and wife to 26th January, 1811, 18 19 Windsor, for boarding and clothing Henry Slnith and wife to 16th January, 1811, . 66 Warwick, for boarding, clothing, and doctoring Samuel Griffiths to the time of his death, including funeral charges, 45 12 Willialnstown, for boarding; clothing, and doctoring Robert Morril, Stephen Blew, Charles M'Cartha, and Rachel Galusha, and supplies for John Hen- dersass, to 15th January, 1811, 222 10 \tVinthrop, for boarding, clothing, and doctoring Olive Howard and vVillialll Gaskell to 4th January, 1811, 123 75 'iV est Spring'field, for boarding, clothing, and doc- toring 'iVilliam Bell and James Aldrich to 23d January, 1811, 92 68 '\IVashington, for boarding and clothing Phebe Clark to 13th October, 181, 20 \Vorcester, for boarding, clothing, and <;:loctoril1K Peter Willard, Henry Bratz, Sally Melville, James CatllpbeU, and William Joblin, to 1st January, 1811, and VVilliam Chase, Olney Ed \v::lrds, Hector Brown, etnd Willianl Stiles, poor debtors in gaol, to 6th February, 1811, 236 73 \iV arren, for supporting 'Villiapl Moorman to 4th January, 1811, 52 \Vestford, for boarding, clothing, and doctoring Philip Jackson and Christopher Shepherd to 21stFebllary, 1811, 105 15 Westhampton, for boarding and clothing Lemuel Calver and fatnily to 25th January, 1811, 97 63 \tV oburn, for boarding and clothing John and 'iVilliam Lynham to 18th February, 1811, 57 70 RESOLVES, February 27, 1811. 151

Williamsburgh, .for boarding Caroline Robbins to 14th February, 1811, $22 York, for boarding, clothing, and doctoring sundry paupers to 8th February, 1811, . 764 35

Total paupers, S31,846 10

MILITARY .A.CCOUNTS~ Courts Martial and Courts if Inquiry. Blish Joseph, jun. for the expense of a Court Martial, held at Sandwich, in December, 1810, Col. Abial Washburn, President, $110 54 Barstow Samuel, for the expense of a Court Martial, held at Worcester, in November and December, 1810, and February, 1811, Joseph Farnsworth, President, ' 503 9 Clap Jeremiah, for the expsnse of a Court Martial, held at Charlestown, in August and September, 1810, Jonas Buttrick, President, 299 4] Donnison William, for expense of a Board of Officers held at Charlestown, November 20, 1810, General George Ellis, President, 84 93 Donnison Willianl, for the expense of a Board of· Officers, at Falmouth, September 24, 1810, General John Chandler, President, 84 53 Hoyt Epaphras, for the expense of a Court IVlartial,

held at Northanlpton, Deceluber 1809J Roger Lcavit, President, 205 48 Thayer Samuel M. for the expense of a Court of En- quiry, held at Randolph, in September and October, 1810, Jedediah Lincoln, President, 32 22

Brigade Majors and Aids-de- Camp,

Barstow Sumner, to 21st January, 1811, 59 30 Blish Joseph, jun. to 26th Decelnber, 1810,_ 32 25 Curtis Jared, to 14th January, 1811, 17 7.5 Crane John T. to 1st March, 1810, 20 Clap Jeremiah, to 26th Feb~ruary, 1811, 115 10 Dwight vVillianl H. to 29th January,! 1811, 23 Dutch Ebenezer) to 1st January, 1811, 65 22 15~ RESOLVES, February 27, 181L

Elwell Robert, to 10th February, 1811, $14,9 31 Fisher Jacob, to 1st January, 1811, 55 65 Goddard William, to 4th February, 1811, 103 SO Greenleaf Samuel, to 15th January, 1811, 118 1 Goodwin Ichabod, to 1st January, 1811, 31 50· Hanllin Hannibal, to 1st January, 1811, 55 86 Howard SalTIuel, to 24th January, 1811, 116 72 Hoyt Epaphras, to 14th January, 1811, 67 17 Howe Estes, to 25th February, 1811, 30 90 Hammit William, to 13th February. 1811, 125 87 Hayward Nathan, to 1st January, 1811, 31 50 Rest Jghn, to 7th February, 1811, 42 75 Tilden "r. B. to 2d February, 1811, 6:2 50 Talbot Peter, to 31st December, 1810, 105 37 Thayer Minot, to 7th February, 1811, 57 ~O Thayer Samuel M. to 7th Februar,y, 1811) 155 25 Wood Sampson, to lith February, 1811~ 98 20 Whiting Tinl0thy, to 1st January. 1811, ~5 75 Parker Daniel, to 25th February, 1811, 10 42 Adjutants.

Arms Pliny, to 1st January, 1811, 29 96 Allen Elisha, to 1st January, 1811, . 15 80 Allen C. Shubael, to 2d February, 1811., 66 49 Adams Moses, to 1st January, 1811, 34 ··7 Bucklin Joseph, to 1st January, 1811, 28 85 Brown Benjamin, to 1st January, 1811, 7 50 Backus Zenas, to 1st January, 1811, 72 73 Bradley Enoch, to 1st January, 18l1, 11 59 Buttrick Tilly, to lith February, 1811, 35 72 Burdick William, to 14 th February. 1811, 122 88 Barry vVilliam, to 14th February 1811, 113 lO. Brown Azor, to 8th January, ISH), 26 21

Brooks Aaron, to 1st October I 1809, 5 72 Cushman James, to 10th December, 1810, 19 63 Colburn NathanieL jun. to 1st January> 1811~ 5 50 Clark Joseph, to 1st Janu8.ry, 1811, 56 61 ;Callender Benjamin, to 1st. January, 18] 1, 15 51 Dickman Frederick, to 4th February, 1811, 38 49 Draper WiUiam, to 2d January, 1811, 24 70 .Fisk ·Ez1'a, to 1st Januarv, 181L 55 92 "'Frost 'fimothy, to 4th Jtll1e, 1810, 10 85 RESOLVES, February 27, 1811. 159

Field- Seth, to 15th June, 1810, S14 10 Getchell Ephraim~ to 1st January, 1811, .62 25 Gates Isaac, to 1st January, 1811, 32 10 Haggens Benjamin, to 21st January, 1811, 7 63 Holmes Bartlett, to 1st January, 1811, 19 13 Hodsdon Isaac, to 3d January, 1811, 32 72 Hartshorn James, to 1st February, 1811, 27 11 'Holland Samuel, to 11th February, 1811, 65 80

Harrington Joseph, to 1st February, 181lp 55 1 Hosmer Rufus, to 1st January, 1811, 8 32 Hight Willian}, to lOth January, 1811, 62 39 Jewett Jesse, to 12th January, 1811, 36 13 Jellison Nathaniel. to 30th May, 1810, , 26 66 Ingraham Frederick W. to 14th February, 1811, 104' 75 Jaques Sanluel, to 16th February, 1811, 80 62 Kingman Simeon, to 12th January, 1811, 15 17 Kellogg Giles C. to 1st January, 1811, 28 21 Libby Nathaniel, to 18th January, 1811, 24 Lewis Lyman, to 18th January, 1811, 24 5 Lewis Philo, to 14th December, 1810, 3 51 Larrabee William, to 28th January, 1811, 22 3 Marston Jonathan, to 1st January, H?ll, 48 31 Munroe Willianl, to 1st January, 1811, 13 15 Maxwell Sylvester, to 3d October, 1810, 2969 Munroe Atherton, to 18th January, 1811, ' 12 51 Neil John G. to 1st January, 1811, . 61 80 Needham Havey, to 28th January, 1811, 25 23 Nye John, to 23d January, 1811, 11 41 Norham Eli, to l~t January, 1811, 19 61 Orr Hector, to 21st January, 1811, 34 25 Ordway Nathan, to 8th January, 1811, 11 70 Payson Ebenezer, to 1st January, 1811, 31 18 Plummer Benjamin, jun. to 12th Septcnlber, 1810, 43 80 Parker Joseph, to 1st January, 1811 17 65 . 7 49 Pilsbury William, to 24th AUO'llstb' '1809 , Parker Henry, to 7th February 1811 39 50 Pilsbury Stephen, to 12th Oct~ber, 1'809, 4 63 Pope Ebenezer, to 10th January, 1811, 17 20 Page Jesse, to 1st January, 181L 33 64 Ripley James, to 1st January 1811 ~tarr Janles, jun. to 18th' Jan'uary, iSll, Stearns Thomas, to 31st l\1ay 1810, 20~~.~* 35 Sawyer William, to 1st Janual:Y 1811, 55 62 22 ' 160 RESOL YES, February 27, 1811.

Sayls Richard, to.7th February, 1811, .g41 33 Taft Hazleton, to 31st January, 1811, :37 50 Tucker Joseph, to 31st January, 1811, 27 28 Warren Preston, to 1st January, 1811, 30 32 Weston Jonathan D. to 1st November, 1810, 7 10 Ward William, to 20th June, 1810, 21 12 Williams John, to 1st January, 1811, 55 14 Williams. Jonathan, to 1st January, 1811, 11 46 Wade Samuel, to 11th February, 1811, 15 69 White Jonathan, to 26th Decelnber, 1810, 9 25 Weston Samuel, to 1st January, 1811, 38 51 Wilder I\lerrick, to 10th February, 1810, 9 62 'iVilliams John S. to 18th February, 1811, 122 Cornel Philip, to 6th February, 1811, 15 35 Wild Jonathan, to 16th January, 1811, 83 96

Brigade Quarter Masters.

Campbell Archibald, to 1st January, 1811, 21 45. Everett Gilbert, to 1st January, 1811, '16 35 Garrett Andrew, to 1st January, 1811, 15 80 Norton Winthrop B. to '1st January, 1811, 27 60 Rossetter Samuel, to 1st January, 1811, 13 55 Walker TilTIothy, to 1st February, 1811, 22 50 Whitney Lanlbert, to 1st January, 1811, 27 :,35

Expense for .l-Iorses, t~ haul Artillery,

Buttrick Horatio G. to 30th Jauuary, 1811, 10 Crittendon Silneon, to 1st January, 1811, 7 50 Clelnmence Calvin, to 1st January, 1811~ 5 Harris Elisha, to 28th Decenlber, 1810, 7 50 Harris William, to 9th February, 1811, 10 Lincoln Thomas, to 1st January 1811, 5 Lewis Jmnes, to 4th February~ 1811, 6 . M'Clalleo Robert, to 3d October, 1810, 4 Mather John, to 20th January, 1811, 5 Makepeace VVilliam, to 23d January, 1811, 5 :!VIiller Jacob, to 1st December, 1810, 5 Nye SalTIuel, to 16th December, 1810, ~10 N~edham Aaron, to 20th February, 1811, 10 Peabody Jacob, to 1st Januarv, 1811, 6 Penniman Samuel, to 1st January, 1811, 3 50 RESOL YES, February 27, 181L 161

Patterson David, to 1st January, 1811, $5 Parker Nathan, to 29th October, 1810, 20 Rust Asael, to 19th January, 1811, 7 50 Roulstone Andrew, to 1st January, 1811, 10 Selden Calvin, to January, 1811, 3 Smith George S. to 1st January, 1811, 5 Sawyer George, to 27th December, 1810, 6 50 Smith Albert, to 11th October, 1809, 5 Spauldin Thomas, to 1st January, 1&311, 5 Stone Martin, to 1st January, 1811, 5 Saunderson Henry, to 1st February, 1811, 6 25 Thayer Zebediah, to lIth September, 1810, 8 Wheeler Samuel, to 8th January, 1811, 16 50 ""Varren Moses, to 1st January, 1811, 7 50 'Vales Stephen, to 19th February, 1811, 6 25 'Vebster Elijah C .. to 1st January, 1811, 6 Noyes David, to 30th January, 1811, 6

Total Military, 86196 19 SHERIFFS' AND CORONERS' ACCOUNTS.

Arms George, for taking inquisition on the body of David Blodget, 24th January, 1811, $17 20 Bartlett Bailey, for returning votes for Governor, &c. Senators, and Representatives to Congress, to 29th January, 1811, 14 40 Blake Ed ward, for expense of an inquisition on the body of Aaron Hamlet, 29th May, 181Q, 23 32 Buckmore Thomas, for expense of an inquisition on the body of a stranger, at North, on 17th June, 1810, 22 20 Chandler John, for returning votes for Governor, Lieutenant Governor, and Representatives to Con- gress, to 1st February, 1811, 50 40 Crane Elijah, for returning votes for Representative to Congress, to 1st January, 1811, 3 40 Cooper John, for returning votes for RepresentativG to Congress, to 1st January, 1811, 70 Goodwin Ichabod, for returning votes for Governor, Lieutenant Governor, and Representative to Con- gress, to 19th January, 1811, 35 30 Freelnan James, for returning votes for Governor, ;.162 RESOLVES, February 27, 18lL

Lieutenant Governor, and Representatives to Con- gress, to 1st January, 1811, S38 40 Hamlin Hannibal, for returning votes for Representa:. tive to Congress, to 1st January, 1811, 34 Hunnewell Richard, for returning votes for Govern- or, Lieutenant Governor,and Represenrative~r to Congress, to 1st January, 1811, 35 Lang Willialn, for expense of an inquisition on the body of James Follingsby, , 4th October, 1810, 14 55 La\vrence Jeremiah, for returning votes for Represen- tative to Congress, to January, 1811, 27 Leonard Horatio, for returning votes for Governor, Lieutenant Governor, and Representative to Con­ gress, and for expense of apprehending John But­ ler and William Gormon, prisoners who escaped from the gaol in Taunton, to 1st February, 1811, 82 85 Keyes Jonathan, for taking inquisitions on the body of a person by the nalne of Ranal; on 15th June, 1810. 16 41 Learned Simon, for returning votes for Representa- tive to Congress, in November, 1810, 28 lVIatoon Ebenezer, for returning votes for Governor, Lieutenant Governor, and Representative to Con- gress, to 1st January, 1810, 25 20 Sawtell Richard, for returning votes for Governor, Lieutenant Governor, and Representative to Con- gress, to 11th January, 1811, 61 61 Ulmer George, for returning votes for Governor, Lieutenant Governor, and Representative to Con- gress, to January; 1811. 66- 64

Total Sheriffs' and Coroners', $665 88

PRIJVTERS' .I1CCQUJVTS.

Allen \Vi11iam B. for publishing acts and resolves to 1st July, ] 810, . £16 67 Adams & Rhoades, for printmg for the Secretary's

office to January, ] 811, I 20 75 Allen Phineas, for publishing acts and resolves to 13th February, 1811, 16 61 Allen vVilliam E. for publishing acts and resolves to 1st Atlgust) 1810~ / 15 67 RESOL YES, February 21, 1811. 163

Butler William., for publishing acts and resolves to 1st January, 1811, S3S 33 Cheever Nathaniel, for publishing the report of the Conlmittee respecting Penobscot Bank, 10 Dickman Thomas, for publishing acts and resolves to 25th January, 1811, 16 67 :French Ebenezer, for publishing documents respect~ ing the late Treasurer Skim)er's accounts, 12 50 Hall Samuel, . for publishing the report of the Com- mittee respecting Penobscot Bank, .1). 10 Park John, for pu blishing an act respecting the Kine Pox, agreeably to an order of the Legislature, 42 Shirley Arther, for publishing acts and resolves to 1st January, 1811, 16 67 Young & Minns, for printing the Governor's speech in June, 1810, 42 Munroe Isaac, for printing for the Secretary and Treasurer's office, and the General Court and Ad- jutant General's office, to 28th February, 1811, 1790 12

Total Printers, $2044 05

MISCELLAJVEOUS ACCOUNTS.

Blake & West, for stationary'supplied the Treasurer's office to 30th January, 1811, $100 1 Boyle John, for statiouary for the Adjutant General's office to 15th January, 18l1, 127 80 Bridge Matthus, J ohn Wells, Benjamin vVeld, Joseph Winn, and David Devans, Committee for settling with the Treasurer of the Commonwealth, June, 1810, 70 Burditt James W. for stationary furnished the General Court and Secretary's office to 16th February, 1811, 464 19 Blaney Henry, for labour done on the State House to 22d January, 1811, 51 50 Bradley David, for supplies for the State House to 18th February 1811, 112 24 Boston Glass Manufactory, for Glass for the State House to 1st February, 1811, . 89 12 Breed Ebenezer, for a Stove for the State House, 9th January, 1811, 40 50 164 RESOLVES/February 27, 1811.

Durant Willianl, for Glass for the State I-Iouse to 2d February, 1811, ' g 37 78 Grant Moses, for supplies for the State House to 20th January, l811, 445 7 Chase \Varren, for assisting the messenger to the General Court to 27th February, 1811, ,60 Gore Samuel, for sundry articles for the State House to 28th January, 1811, 153 48 Harris Thomas, for clerk hire and oil for the use of the Treasurer's office to 31st January, 1811, 183 68 Howe John, for sundry articles for repairing the State House to 29th January, 1811, 294 50 Howe Joseph, for labour and supplies for the State House to 18th February, 1811, 81 85 Jlomer 'iVilliam~ for sundry articles for the Represen- tatives' chamber to 15th January, 1811, 27 75 Larkin Ebenezer, for stationary for the Secretary and 'rreasurer's office, and for the Supreme Judicial Court, to 15th February, 1811, 249 ,69 Lincoln Amos, for labour done on the State House to 12th February, 1811, 55 83 Loring Josiah, for supplies for the clerk of the Supreme Judicial Court to 16th Fabruary, 1811, 5 Root Samuel. for supplies and labour on the State House to 21st December, 1810, 54 13 Stedlnan Ebenezer, for supplying stationary to the Adjutant General's office to 28th January, 1811, 130 Spear Thomas, for keeping the Hospital on Rains- ford Island to 14th February, 1811, 44 44.. Lapham Sylvanus, for assisting the Messenger to the General Court to 27th February, 1811, 68 Perry John, for assisting the Messenger to the Gene. ral Court to 27th February, 1811, 66 SU111ner T'homas, in full for the service of the com- mittee who superintended the repairs of the State 9::-) HOLlse to 19th February, 1811, 48 ..:.. Tho1l1pSOn James, for sundry 'articles, and labour for the State House to 29th January, 1811, 462 23 "\\' est David's heirs, for stationary for the Treasurer's office to 30th January, 1811, 10 3'~''1.) Wells John and Benjamin, for sundry articles, for the Council chamber to 16th February, 181], .5 RE50L YES, February 27, 1811. 165

VVheeler Josiah, for supplies and labour on the State House to 19th February, 1811, S907 70 Vose and Coates, for sundry supplies for the State House to 12th September, 1810, 63 70 Beals Samuel, for sundry articles for the Rfpresenta- tives' chamber to lith February, 1811, 11 10

Total Miscellaneous $4.522 23

Aggregate of Roll 64-Febl'uary, 1811.

Expense of State Paupers, $31,846 10 Do. Militia, 6196 19 Do. Sheriffs and Coroners, 665 88 Do. Printers, 2044 5 Do. Miscellaneous, 4522 23

.845,274 45

Resolved, That there be allowed and paid out of the puliek treasury to the several corporations and persons mentioned in this Roll, the SUllIS set against such corporations and persons' names respectively, amounting in the whole to the SUIU of forty-five thousand two hundred and seventy-four dollars and forty-five cents, the same being in full discharge of the accounts and demands to which they refer.

In Senate, February 26, 1811, Read and accepted, and sent down for concurrence, H. G. OTIS, President.

In the House of Rep1'csentatives ~February, 27, 18117 Read and concurred, JOSEPH STORY, Sl)eaker~

Council Chanlber, February 27, 1811. Approved, E. G-ERHY,

INDEX

TO RESOLVES OF JANUARY SESSION", 1811.

A A TTORNEY and Solicitor Generals,granted 8800 each, 92 to prosecute a suit against J. Thomas and others, -- 139 Academy, Farmington, 10,020 acres g~'anted, 93 Agents for sale of eastern lands, to cause ten townships to be surveyed, -- 101 to ca~se a survey of Baldwin, 111 for sale of land in Berkshire, report accepted, 128 to cause ten townships to be surveyed, 133 Adj utant General,' grant for services, 109 Ashley Simeon, pay as an old soldier allo'yed, 112 B Bartlett Josiah, resolve on petition, 89 Bell and Crawford, State's right to a farn1 In Ilutland relinquished, 94 Brown Moses, allowed further time to settle a township, 102 Burt and Macomber, S100 each to be repaid, 109 Boyd J. P. resolve on petition, 116 Barker and l'ufts, grant for two lots, 119 Brunswick, authorized to execute a deed to trustees of Bowdoin ,College, H20 Balch Joseph, 'allowance to for services, 139 Billings Bradish, and others, allowance to, ·144 C Council and Legislature, pay established, 85 College, Harvard, appropriation of lottery fund altered, 108 Trustees of vVilliams', granted further time to locate land, 90 Commissioners to explore a road from Kennebeck to Chaudiere, resolve for paying, 92 Charlemont, Heath, and Rowe, aided in building a bridge, 99. Carr James, and others, commissioners to be appointed to layout a road from Penobscot to the north boundary, 100 * INl)EX,

Carlisle, tax abated, 110 Carver, selectmen appointed guardians to Seep it, 115 Cheney Simon, Treasurer directed, - 122 Chase Warren, grant to, 123 Chapman John; resolve on petition, 124 Counties, taxes grant'ed, 125 ChaplaiI}.s and Clerks of General Court, resolve for paying, 130 Committee on accounts, resolve for paying', _ 131 Coffin Nathaniel, grant to, 132 Campbell and Gibson, agents to sell land to, .,. 135 Child Tilnothy, and others, sureties for the late "rreasuter Skinner, execution against stayed, 138 Crombie Calvin, doings confinned, -- 140 Courts, Common Pleas, to appoint commissioners to settle Treasurers' accounts, 140 Committee on tax bill, allowed compensation, 143 on accounts, Roll No. 64, allowed, 147 ·n Davis and Murphy, grant to, - 105 Davis Rufus, Treasurer directed, 121 Dillingham Pitt, grant to, 134. Dwight Josiah, S50 allowed, 14,3 E Election, 850 granted for the gentleman who shall preach, 93 Eastport, SEOO to aid in building gaol, 94 F Farrar and Perry, remitted S200 each, 89 Freeman Samuel, executions and writs In Cumberland made valid, 96 Freeman James, sheriff, committee on accounts to receive his account, 112 G Governor, his Speech, 6S Answer of the Senate, 69 do. of the House, 73 his Messages, 79 to 84 t9 appoipt some person reJative to purch~siijg islands for Indians, . 120 H Hartford,warrants and proceedings confirmed, III

11an8011 lVloses, grant to, !' lIS INDEX.

Heard vVilliarn; and others, resolve on petition, 129 Hill Daniel, agents directed, 136 I Il1dians, Penobscot, Governor to appoint COlUluissioners, 142 I( K.uhn Jacob, ,8300 granted for fuel, 85 100 do. 141 K.ittery, discharged of .8415 33, 106 L Lowell John, resolve on petition, 86 Livingston John, discharged, 86 Leverett John, of Vennont, authorized to sell land in Bostop,· 103 Laws, provision for exchange with the several States, 105 Loudon and Bethlehanl, tax of 1810 to be charged to Otis, 110 Lapham Silvanus, grant to, 118 Leavit Thomas, resolve on petition, - 122 M ¥urray Alexander, resolve on petition, 108 Mitchell Edward, jun. appointed guardian to Bridgewater Indians, 127 Maltby Isaac, resolve on petition, 128 J\lI'Lane Edward, g rant to, 129 P Parsons B~njamin, resolve on petition, 91 Plymouth County, extra session of Conlmon Pleas to be held, 95 Prilue Joseph, resolve on petition, 96 Ponlroy Lemuel, a deposition made valid, 115 Plymouth, further time allowed to locate land, 123

Perry John l grant to, 126 parker Winslow, to be defended, 13t Prisoners, to be removed from Eastport to Augusta, 136 Petts Leuluel, to be defended, 145 Q Quarter Master General to sell broken ordnance 104 to procure regimental colours, &c. and granting .86000, 114 Account allowed, and appropriation made, 133 INDEX. R Rochester, TVlicldleboro' and Freetown Congregational Precinct, votes confirmed, - 90 R9we John, and others, resolve on petition, 137 S Society, Methodist, in Lynn, proceedings confirnled, 95 Secretary to deliver to D. A. Tyng, Esq. Laws and Re- solves, 97 to purchase and distribute Term Reports, 100 123 tofurnish towns with blanks for elections 113 grant, to pay assistant clerks, 130 to deliver the Governor books, &c. 134 to deliver plans and paper to the agents, 135 Smith J oS,iah, pay as an old soldier granted, lIS Simonds Jonathan, jun..- grant to, 114 Sandford discharged from a fine, 116 Stetson .A.nlusa, and others, granted further time to settle townships, 11H State Prison, committee on affairs, 121 comlnittee'to purchase patent rights, 126 .. appropriation for, - - - 14~ Sigourney and Hays, resolve on petition, 126 Swan Smlluel, resolve on petition, 141 T '-rhacher Peter, resolve on petition, 87 !'I'aunton and Raynhalu, granted a half township, 91 Turnpike Essex, doings of the clerk confirmed, 104 Thayer Preston, allowed to enter an appeal, 107 Treasurer, to receive of the Treasurer of Oxford, SIll Berkshire bills, 117 Tinkham John, appointed trustee, 118 Tirrill Joseph, treasurer directed, 137 rrlldor 'iVillian1, account settled, - 138 l'rask Elizabeth, S109 18, allowed, 143 W Wheeler Josiah, account allowed, 9~' Wait Jeremiah, doings as Deputy Sheriff luade valid, 106 \VOl'cester, allowing further time to towns to recover money, 132 vVoods Sampson, to be defended, 144 Wallcl1t Thomas, g'rant to, . 144